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(영문) 창원지방법원 마산지원 2017.01.10 2016고단1181

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 June 11, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law at the Changwon District Court's Musan Branch's Support, and KRW 5 million for the same crime at the same court on June 20, 2013.

[2] On November 7, 2016, the Defendant driven a B-hand car under the influence of alcohol with approximately 700 meters alcohol concentration of about 0.147% at a section of about 700 meters from the front day of the drinking house in the same city and in front of the Green Hospital located in the same city and Dong, around 01:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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., the violation of the crime of this case, and the fact that there is no record of being sentenced to imprisonment or heavier punishment for the same crime);