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(영문) 창원지방법원 2017.07.25 2017고단1393
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 27, 2007, the Defendant was sentenced to a fine of KRW 1.2 million by the ordinary military court of the Naval Base Headquarters due to a violation of road traffic laws (drinking), and was sentenced to a fine of KRW 5 million by the military court of the Navy on March 3, 2016.

On April 19, 2017, at around 01:33, the Defendant driven a B car in the state of alcohol concentration of about 1 km from the front of the mutual influent restaurant inside the alley of the 1180-9 city to the front of the 29-9 road of the same city, as the Defendant was under the influence of alcohol concentration of about 0.264% in blood.

Summary of Evidence

The application of the statute of response to inquiries, such as criminal history of the defendant's oral statement by the State driver

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence and that there is a penance) of the mitigated amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution.

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

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