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(영문) 창원지방법원 2017.11.07 2017고단2659
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

On April 30, 2013, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on July 3, 2015, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On June 21, 2017, at around 22:25, the Defendant driven Cribe, while under the influence of alcohol leveling 0.058%, from approximately 100 meters away from the Do in front of the parking lot for the company in the Western-si, Kimhae-si to the front road of the building site in the same Dong, the Defendant driven Cribe, while under the influence of alcohol leveling 0.058%.

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

Application of the summary order to inquire about the defendant's legal statement of the driver in charge, criminal records, etc.

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 Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act)

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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