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(영문) 창원지방법원 마산지원 2016.09.21 2016고단757

도로교통법위반(음주운전)

Text

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 October 12, 2009, the Defendant received a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on 2009, and on May 31, 2010, received a fine of two million won or more due to a crime of violating the Road Traffic Act at the Changwon District Court on 2 or more occasions.

However, on August 2, 2016, under the influence of alcohol level of 0.115% during blood transfusion around 03:21, the Defendant driven approximately KRW 1 km from the diesel non-fishing parking lot located in the Changwon-si Simpo-si, Changwon-si, to the front road of the forest underground commercial building located in the same Gu.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment attached thereto) and statutes;

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;

(3) such consideration as the

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;