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(영문) 창원지방법원 2017.05.17 2017고단424
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

[Power of Crime] Violation of Road Traffic Act (Drinking in 2008): Fine of 2 million won: Violation of Road Traffic Act (Drinking in 2009): Fine of 3.5 million won / [criminal facts] Defendant 1 driven a vehicle with approximately two kilometer of 3.5 million won in the number of alcohol level in blood, while he/she was under the influence of 0.128% in the influence of alcohol level of 0.128% in blood, around February 10, 2017, at around 01:0, he/she driven a vehicle with approximately two kilometers in the number located in the outside-dong of Kimhae-si in front of his/her apartment located in Kimhae-si, Kimhae-si.

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 results of crackdown on drinking driving and application of Acts and subordinate statutes making inquiries 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 sentence of Article 62-2 of the Criminal Act to be sentenced to imprisonment for one year: Imprisonment with prison labor for one year/ suspended sentence, two years for two years, and grounds for increase of 40 hours in courses: Confession of high blood alcohol and grounds for reduction, such as the concentration of alcohol in high blood: Confession, disability (new class 2);

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