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(영문) 창원지방법원 진주지원 2018.08.24 2018고단775
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On December 6, 2010, the Defendant was sentenced to a fine of 700,000 won for a violation of road traffic law (drinking driving) in the Changwon District Court's Jinju branch on December 6, 201, and on June 24, 2015, the Defendant was sentenced to a summary order of 4 million won or more for the same crime at the same court on June 24, 2015, respectively,

On May 16, 2018, the Defendant driven a B SP-type car under the influence of alcohol concentration of 0.151% from the LH5 LH5, which was located in Pyeongtaek-dong, Jinju-si, around 19:55, to the 161st day of the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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