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(영문) 창원지방법원 통영지원 2018.10.17 2018고단812
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

[criminal history] On July 31, 2013, the Defendant was issued a summary order of KRW 1,500,000 for a fine of KRW 1,500,000 for a violation of road traffic law at the Changwon District Court branch on July 31, 2013. On May 3, 2016, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (driving) at the Changwon District Court.

[Criminal facts] On April 14, 2018, the Defendant driven B B B B B B in the section of about 4 km from the 4km road before a pet-dong in the same city-free zone from the margic scargic scargic scarfri, through the influence of alcohol content at 0.217% during blood around 23:17.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. An accident scene photograph;

1. Statement on the circumstances of the driver in charge, report on the situation of the driver in charge, inquiry about the results of crackdown on the driving of drinking, and response to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 (1) 3 of the Criminal Act to mitigate small amount;

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

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

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