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(영문) 창원지방법원 마산지원 2017.02.15 2016고단1318

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 9, 2010, the Defendant received a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 30, 2010, at the Changwon District Court, received a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on October 18, 2013, at the Changwon District Court, the Defendant received a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at least twice.

However, on November 6, 2016, the Defendant driven a B 5 km car from the fish market, which is located in the new Simpo-dong in Changwon-si, Changwon-si, 0.115% alcohol level, around November 6, 2016, to the front road in the same Dong-dong, while under the influence of alcohol leveling from around 02:12.15%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Records of judgment: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports;

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 (which acknowledges and reflects his/her mistake, the fact that there is no past record of suspended execution or higher, and that he/she would not drive under the influence of alcohol again;

the defendant's home environment, etc.

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

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