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(영문) 창원지방법원 마산지원 2017.07.05 2017고단553

도로교통법위반(음주운전)

Text

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 July 23, 2007, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million due to a crime of violating the Road Traffic Act (drinking driving), and on December 28, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Tongwon District Court’s branch branch.

On May 27, 2017, at around 01:40, the Defendant driven B rocketing car with approximately 0.128% alcohol concentration in the blood alcohol level at the section of about 11 km from the Do before the drinking house, which is not aware of the trade name in the vibration-based vibration-based vibration market at the Changwon-si, Changwon-si, Gyeongwon-si, the Defendant, at around 369 square meters before static-ro, at the same night field 369 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order for drinking driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Life sentence of the prosecutor - One year of imprisonment;

2. Sentence - Imprisonment with prison labor shall be selected, taking into account the ability of the defendant to drive drinking alcohol over a number of times in eight months of imprisonment and a stay of execution;

However, the punishment shall be mitigated by taking into account the favorable circumstances in which the confession was made and there is no record of the suspension of execution or more severe punishment, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the various sentencing conditions in Article 51 of the Criminal Act as stated in