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(영문) 창원지방법원 마산지원 2016.09.28 2016고단798

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 13, 2006, the Defendant received a fine of KRW 4 million due to a violation of the Road Traffic Act (driving), etc. at the Changwon District Court on October 13, 2006, and received a fine of KRW 1 million due to a violation of the Road Traffic Act at the Changwon District Court on October 18, 2010, and has violated the prohibition of drinking more than twice.

On August 13, 2016, under the influence of alcohol level of 0.197% among blood, the Defendant driven Category B 1 km car from the singing on which it is impossible to identify the trade name in the members working in the Chang-si Ma-si, Chang-si, the Chang-si, the members of which are members of the Chang-si, to the front road of the Chang-si, Chang-si, the Chang-si, the Defendant driven a 1km car from around 02:31 to the front road of the Chang-si, the Chang-si, the Chang-si.

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 inquiry letter, such as criminal history, and summary order 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;