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(영문) 창원지방법원 마산지원 2018.04.25 2018고단107
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on June 9, 2014.

On December 23, 2017, the Defendant driven a C car under the influence of alcohol with approximately 0.197% alcohol concentration at the section of approximately 300 meters before the road in front of the police box of the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, who is located in the 15:50 Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Sin-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

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 a written inquiry and a summary order of the same electric power;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act provides that the defendant can have the same force for the reasons of sentencing, and the drinking volume of this case is high, but his mistake is seriously reflected, the defendant's age, motive and circumstance of the crime, circumstances after the crime, etc. shall be determined as ordered by taking into account.

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