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(영문) 창원지방법원 마산지원 2017.06.09 2017고단312
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

On November 15, 2010, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on March 8, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch Support.

On March 26, 2017, at around 20:40, the Defendant driven a Category C Pool car with approximately 10km alcohol content of 0.10% under the influence of alcohol from the 10km section from the front of a mutually influent restaurant located in the original city of Changpo-si, Changwon-si to the Taedong-dong located in the same Dong-dong.

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. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

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 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures (a failure to set the sentencing criteria);

1. Life imprisonment: One year;

2. Sentence: Imprisonment with prison labor for up to eight months/Suspension of execution, reasons for aggravation of 40 hours: repeated crimes, and reasons for mitigation of alcohol concentration, etc. from among the low bloods: Confession, reflectivity, etc.;

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