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(영문) 창원지방법원 2017.07.20 2017고단1539
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court, and on June 23, 2014, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) by the same court.

On May 12, 2017, the Defendant driven a C Non-Stop car at the section of approximately 300 meters, 13-13, a day from the front of a mutually infinite restaurant at the window of Changwon-si to the 13-13th road of the same Gu, while under the influence of alcohol level of 0.081% among blood transfusion around 00:10.

Summary of Evidence

The application of the Acts and subordinate statutes of the defendant's statutory statement of the driver in charge of the defendant's oral statement to inquiry, such as criminal history, etc.

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

3. Article 62 (1) of the Criminal Act on the suspension of execution.

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