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(영문) 창원지방법원 2017.07.06 2017고단1522
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 January 23, 2013, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act in the Busan District Court on January 23, 2013, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court on October 26, 2015.

On April 11, 2017, the Defendant, while under the influence of alcohol content of 0.132% during blood transfusion around 19:50, driven B rocketing car at approximately KRW 500 meters from the Do in front of sexual fishery in the Chang-si, Gowon-si, Gowon-si, Gowon-si, Gowon-si, Gowon-si, Gowon-si, and the front road of the 242 large gas station.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Binding judgment, etc.);

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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (including the fact that the defendant is breaking his wrong mind in depth, and that the defendant is unable to repeat the crime in the future, and is receiving medical treatment for alcohol addiction, and that there is no criminal record other than the previous conviction in the judgment, etc.);

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

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

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