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(영문) 창원지방법원 2017.07.25 2017고단1465
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 April 21, 2008, the Defendant received a summary order of KRW 1 million in fine for a crime of violating the Road Traffic Act at the Changwon District Court on April 21, 2008, and a summary order of KRW 3.5 million in fine for the same crime at the same court on March 18, 2013, respectively.

On May 7, 2017, under the influence of alcohol concentration of 0.135% from blood transfusion around 00:35, the Defendant driven BM3 automobiles at a section of approximately 500 meters from the front side of the Do road in the window of Changwon city to the front side of the Do road in the same Do square.

Summary of Evidence

The application of the Acts and subordinate statutes of the defendant's statutory statement of the driver in charge of the defendant's oral statement to inquiry, such as criminal history, etc.

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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