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(영문) 창원지방법원 2017.10.26 2017고단3017
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 August 25, 2006, the Defendant received a summary order of a fine of two million won as a crime of violating the Road Traffic Act at the Busan District Court on August 25, 2006, and on May 7, 2012, the Defendant received a summary order of a fine of four million won at the Changwon District Court on the same crime.

Although the Defendant had been subject to punishment twice or more due to drinking, he again driven C rocketing car under the influence of alcohol content of approximately 0.210% from the 100-meter section from the following side of the Kimhae Police Station located in the Yellow-dong, Kimhae-si around August 11, 2017 to the wing-gu road located in the same Dong, even though he had been subject to punishment twice or more due to driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws on roads;

1. 주 췽 운전자 정황 진술보고서, 수사보고( 주 취 운전자 정황보고)

1. Requests for appraisal of alcohol concentration and response to appraisal in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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