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(영문) 창원지방법원 마산지원 2017.11.22 2017고단934
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 May 27, 2017, at around 01:10, the Defendant driven a Berc cruise cruise car while under the influence of alcohol content of about 0.11% from the 7km section of 0.11% from the blood alcohol content to the 3-2nd road of the same Gu, the mutual influenite-gu, Changwon-si, Changwon-si, Changwon-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

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

1. The defendant has the criminal history of driving alcohol, and the traffic accident due to driving of drinking alcohol in this case occurred due to the reason of sentencing under Article 62-2 of the Criminal Act. However, the defendant confessions and reflects, there is no other criminal record other than the one time fine, and the grounds for sentencing specified in this case are comprehensively considered, and the punishment shall be determined as ordered.

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