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(영문) 창원지방법원 마산지원 2016.06.01 2016고단362

도로교통법위반(음주운전)

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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 February 9, 2009, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving), and on May 24, 2010, the Changwon District Court received a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on May 24, 201, and on October 24, 2013, the Defendant received a fine of five million won as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on October 24, 2013, and received a fine of five million won or more.

However, the Defendant, while under the influence of alcohol level of 0.132% on April 2, 2016, at around 01:20, driven a car in the B 50-meter, from the front day of the Kusan Police Station located in the area of Changwon-si, Changwon-si, and the front day of the new female middle school located in Masan-gu, Changwon-si, the Defendant driven a car in the B 20-meter from the front day of the Kusan Police Station located in the same Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The circumstantial report of the driver employed at the main place;

1. Records of judgment: Application of criminal career data and investigation reports (Attachment to the same type of judgment, etc.);

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;