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(영문) 창원지방법원 2017.06.22 2017고단995
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 May 2, 2011, 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 a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 17, 2013.

On March 11, 2017, the Defendant driven a passenger car with approximately 500 meters in volume B options to the front of the marine village at Kimhae-si, Kimhae-si, while under the influence of alcohol content of 0.077% among blood transfusion around 23:00.

As a result, the defendant, who has violated the prohibition on drinking twice or more, drives a motor vehicle under the influence of alcohol in violation of the above provision again, is subject to the law of investigation report by inquiry about the criminal records of the driver's statement in the circumstance of the defendant's oral statement, such as the criminal records (Attachment of the same

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 to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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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