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(영문) 창원지방법원 마산지원 2017.05.30 2017고단332

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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] On October 2, 2008, the Defendant was notified of a summary order of KRW 500,000,000 as a crime of violating the Road Traffic Act in the branch court of the Busan District Court, and was notified of a summary order of KRW 3 million at the Changwon District Court on July 15, 2014.

[2] On March 23, 2017, at around 22:30, the Defendant driven Brocketing car with alcohol content from approximately 20 meters to approximately 0.111% under the influence of alcohol at approximately 20 meters from the 37th road of the sampling church located in the Changwon-si Yangdong, Changwon-si.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of driving of alcohol, and statement on the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's previous conviction and attachment of summary order);

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

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 stay of execution (see, e.g., the violation of the crime of this case and the absence of any record of being sentenced to imprisonment or heavier punishment for the same crime);