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(영문) 창원지방법원 마산지원 2018.03.22 2018고단41

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 13, 2018, the Defendant driven B 2 cargo vehicles under the influence of alcohol concentration of approximately 0.067% from the front of the elementary school to the front of the same ethic road at a ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver under driving of alcohol, and applying Acts and subordinate statutes to investigation reports (report on the circumstances of the driver under driving

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant had a record of having been punished by a fine due to drinking at least three times from 2001 to 2010, the instant crime was committed, namely, drinking again.

Therefore, the sentence of imprisonment is inevitable because it is no longer possible to impose a fine on the accused.

However, in consideration of the fact that the defendant led to the crime of this case, the traffic accident did not cause any other damage due to the crime of this case, and the circumstances that may be considered in the situation of drinking alcohol or the control of the defendant, the punishment as ordered shall be determined.