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(영문) 창원지방법원 2017.08.23 2017고단2038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal History] Violation of the Road Traffic Act (Drinking in 2009): A fine of one million won for a violation of the Road Traffic Act (Drinking in 2013): 2 million won for a violation of the Road Traffic Act (Drinking in 2013): The Defendant was under the influence of a fine of 0.081% in alcohol level during blood, and around May 14, 2017, the Defendant was driving a C Anon-affiliated car at the section of about 2 km in front of the road in the front of the sloping-si-dong in the same city of the city of the 2km apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The grounds for sentencing (not setting the sentencing criteria) under Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for the national defense counsel): Imprisonment with prison labor for one year: Imprisonment with prison labor for a period of 1 year/ suspended execution; two years; 40 hours during a course; grounds for reduction, such as the concentration of alcohol during low blood and for community service: Confession, health (out of symptoms), divorce, dependents (two adult children), etc.;

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