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(영문) 창원지방법원 2017.12.21 2017고단3915
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

[criminal history] On October 18, 2010, the Defendant violated the prohibition of drinking by receiving a summary order of KRW 1,500,000 from the Changwon District Court to a fine of KRW 1,50,00 for a crime of violation of road traffic law, and on May 6, 2013, the same court issued a summary order of KRW 5 million for the same crime at least twice.

[2] On October 12, 2017, at around 23:25, the Defendant driven a B slova vehicle while under the influence of alcohol with approximately 50 meters alcohol content 0.095% at a section of about 50 meters from a Mourur in front of the canter in the Kimhae-si, Kim Jong-si to the Shabro Do in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving the car under the influence of alcohol again.

Summary of Evidence

Application of the summary order of reply to inquiries, such as criminal history, written expert opinion and response to written statement by the defendant's driver in charge;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (this case's drinking volume is not high, and the defendant has no criminal records of suspension of execution or more, and the defendant has been repented, etc.);

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

4. An order to attend a course under Article 62-2 of the Criminal Act;

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