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(영문) 창원지방법원 마산지원 2017.08.23 2017고단664

도로교통법위반(음주운전)

Text

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 December 24, 2007, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act. On January 10, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Busan District Court.

On June 24, 2017, around 21:55, the Defendant driven B QM5 car at approximately 500 meters away from the 500-meter section, while under the influence of alcohol concentration of 0.174%, from the 500-meter section to the 500th road before the tower located in the same Ri.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the summary order);

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 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no record of crime or heavier than the suspension of execution);

1. An order to attend a course under Article 62-2 of the Criminal Act;