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(영문) 창원지방법원 마산지원 2016.08.31 2016고단731

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 February 9, 2004, the Defendant received a fine of one million won due to a violation of road traffic laws (drinking driving) from the Changwon District Court on February 9, 2004. On April 27, 2007, the Defendant received a fine of one million won due to a violation of road traffic laws (drinking driving) at the Changwon District Court on April 27, 2007. On December 10, 2007, the Defendant received a fine of two million won due to a violation of road traffic laws (drinking driving) at the Changwon District Court on June 14, 201, and received a fine of two million won due to a violation of road traffic laws (drinking driving) at the Changwon District Court on February 25, 201, and has the record of violating the provisions of two or more times that prohibit driving under suspension of the execution of six months due to a violation of road traffic laws (drinking driving).

On July 1, 2016, the Defendant, while under the influence of alcohol leveling 0.120% among blood, driven B 500 meters from the front of the jumlley restaurant located in the Changwon-si, Changwon-si, Changwon-si, Changwon-si, to the front road of the village in the Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report-making statute;

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, does not constitute grounds for disqualification from suspension of execution, and that he/she would not drive under the influence of alcohol again;

the defendant's home environment, etc.

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Article 62-2 of the Criminal Act on the observation of protection;