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(영문) 창원지방법원 통영지원 2018.10.11 2018고단796
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 2, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) at the Busan District Court's Dong Branch, etc. on April 2, 2007, and on April 25, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving) at the Ulsan District Court's Busan District Court's Dong Branch.

[2] On July 8, 2018, the Defendant driven a CNEW franchise XG car at approximately 13 km from the apartment parking lot in front of the Si-dong off to the front road while under the influence of alcohol content of 0.127% during blood transfusion at around 23:30 on July 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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