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(영문) 창원지방법원 거창지원 2017.07.07 2017고단125
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 27, 2010, the Defendant was issued a fine of KRW 3 million due to a violation of road traffic law in the Changwon District Court's branch on August 27, 2010, and was sentenced to imprisonment for the same crime on December 6, 2012, and was sentenced to six months for the same crime in the Changwon District Court's Changwon District Court's Changwon District Court's branch, and was in violation of the provision on the prohibition of drinking under the Road Traffic Act more than twice.

On March 12, 2017, at around 17:10, the Defendant driven a DNA-free car under the influence of alcohol level of 0.217% during blood while under the influence of alcohol level of 0.217% from the front of the Dong-dong forest to the front road of his dwelling in the Gyeongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigation report (with respect to CCTV images driven by drinking);

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same record as the accused);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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