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(영문) 창원지방법원 진주지원 2017.05.10 2017고단80
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 2, 2008, the Defendant was issued a summary order of KRW 2,500,000 for a violation of the Road Traffic Act (toxicly Driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court's Jinju branch on July 2, 2008. On December 15, 201, the Defendant was issued a summary order of KRW 1,50,000 for a violation of the Road Traffic Act (toxicly Driving) and had a total of three times of drinking driving.

On January 11, 2017, around 02:35, the Defendant driven B Coin truck with alcohol level of about 0.128% while under the influence of alcohol level from around 30km to around 69.2km in the direction of Daejeon Highway Daejeon Island, which was located in the Sin-gun of Sin-si, Sin-si, Sin-si, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol and a report on detection of drivers;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of summary order);

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

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

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