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(영문) 창원지방법원 통영지원 2017.08.16 2017고단556
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 8, 2008, the defendant was sentenced to a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking) in the Changwon District Court through the Changwon District Court on December 8, 2008, and a summary order of 4 million won for the same crime in the same court on October 13, 2010, and two times of punishment due to drinking driving, respectively.

[2] On March 17, 2017, around 01:25, the Defendant driven a B Sspo-type car under the influence of alcohol concentration of about 0.070% in a portion of about 1km from the front side of the Gospo-gun's health branch to the front side of the school distance in the same Eup/Myeon, from the front side of the Gospo-gun's health branch to the front side of the school distance in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, details of inquiries about management of reports on the detection of primary offenders, and application of Acts and subordinate statutes on investigation reports (verification of driving skills);

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 small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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