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(영문) 창원지방법원 2017.06.21 2017고단1060
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 2008): A fine of one million won and a fine of 2.5 million won and a fine of 2.5 million won and a fine of 2.5 million won and a fine of 2.5 million won and a fine of 2.5 million won and a fine of 2.5 million won and a fine of 0.073% is under the influence of alcohol while the Defendant was under the influence of alcohol concentration at 0.073% in blood, and on March 9, 2017, the Defendant driven BMF5 in the section of 1km in front of the regional cell frequency in front of the local cell breakwater, which is located at the speed of a macronoming on March 9, 2017.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

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 one year: Imprisonment with prison labor for one year/ suspended sentence; two years; 40 hours to attend a course and grounds for aggravation of community service for 80 hours: A person before the same criminal record (=one time a fine for driving under the influence of alcohol before and after the judgment) subject to mitigation: Confession, dependents (two minor children, etc.);

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