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(영문) 창원지방법원 마산지원 2017.05.10 2017고단237

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

The Defendant, at the Changwon District Court on April 6, 2007, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on January 10, 201, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act by the same court on January 10, 201. The Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions.

On March 7, 2017, at around 19:50, the Defendant driven B-wing truck under the influence of alcohol content of about 0.216% at a distance of about 700 meters from the front of the restaurant of the C-U. C-O. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U. C-U.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal on blood collection and a statement in the circumstances of the main driver;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;

1. Although Article 62-2 of the Criminal Code of the Order to Attend a lecture can have the same criminal history for the reason of sentencing, the sentence as the order shall be determined by taking into account all the factors such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, etc., including the fact that the defendant is against the defendant, the driving distance is relatively short, and the sentencing conditions are considered.