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(영문) 창원지방법원 통영지원 2016.11.29 2016고단1569
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 5, 2009, the Defendant was sentenced to a fine of KRW 500,00,000 as a crime of violation of the Road Traffic Act (driving) at the Jeonju District Court on January 5, 2009 and a summary order of KRW 4 million as a fine for the same crime at the Changwon District Court on November 8, 201, respectively, and on July 22, 201, the Defendant was sentenced to a suspended sentence of one year for the same crime at the same court.

Nevertheless, on September 14, 2016, at around 21:15, the Defendant driven a Grand apartment with Bland under the influence of alcohol 0.059% of the blood alcohol concentration from around approximately 1.5 km to the roads in front of the Masi apartment, which is located in the Magu-si, Magu-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the result of the drinking driving control;

1. Previous convictions: Criminal records, each summary order, and the application of Acts and subordinate statutes governing judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of Article 62 (1) of the Criminal Act on the grounds that the number of prisoners is not high and that the defendant is against the law

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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