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(영문) 창원지방법원 마산지원 2017.01.11 2016고단1241
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 January 28, 2008, the Defendant received a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court on October 6, 2008, and received a fine of two million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court on October 6, 2008, and has violated the prohibition of drinking more than twice.

However, on August 25, 2016, the Defendant driven approximately 2 km car from the small machine fluor restaurant parking lot in the Changwon-si, Changwon-si, to the Korean power station located in Changwon-si, Changwon-si, Changwon-si, in a state of alcohol concentration of 0.14% in alcohol level among blood transfusion around 01:30 on August 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Records of judgment: Inquiries about criminal history and the application of Acts and subordinate statutes governing investigation reports;

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 (which acknowledges and reflects his/her mistake, the fact that there is no past record of suspended execution or higher, and that he/she would not drive under the influence of alcohol again;

such factors as the fact that the person is a disabled person of grade 5 with a delay, etc.

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

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

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