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(영문) 창원지방법원 마산지원 2017.07.18 2017고단579

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

[criminal history] On January 15, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court’s Busan District Court branch on the grounds of a violation of the Road Traffic Act, and on November 2, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

[2] The Defendant 1 driven BM5 car under the influence of alcohol leveling to approximately 0.095% of alcohol leveling from the Do in front of the Changwon-dong, Changwon-si, Changwon-si, Seoul Special Metropolitan City, to the 346 km front of the 346 km-si, the Defendant 1 was under the influence of alcohol leveling from around 10 km-si to the 346 km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and the report on the driving of drinking alcohol;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order of the same kind of power);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da

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