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(영문) 창원지방법원 2017.08.11 2017고단2063
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal History] Violation of Road Traffic Act (Drinking in 2014): A fine of three million won for a violation of Road Traffic Act (Drinking in 2015): A fine of five million won / [criminal fact] The Defendant / Abscam under the influence of alcohol level of 0.119% while he/she was under the influence of alcohol level of 0.19% during blood, on June 10, 2017, Kim Jong-si, 1428-4, Mosung-dong, 1428-4, GGing-dong, Mosung-dong, GK5 km in the direction of five kilometers in front of the middle school in the direction of the same Samdong-dong, Samdong-dong, Samnam apartment.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of imprisonment with prison labor for two years: Imprisonment with prison labor for one year or suspended execution, two years or more, 40 hours in course and 80 hours in community service: The grounds for mitigation, such as high blood alcohol concentration, short-term repeated crimes, etc.: Confession, etc.;

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