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(영문) 창원지방법원 마산지원 2017.06.13 2017고단438
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

[criminal history] On January 28, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic laws at the Changwon District Court's Changwon Branch on the grounds of a violation of road traffic laws (driving), and on October 4, 2013, the same court issued a summary order of KRW 4 million for a violation of road traffic laws (driving).

[2] On April 30, 2017, the Defendant driven a car with alcohol content of approximately 0.140% in the 500-meter section, while under the influence of alcohol at approximately 0.140%, from the 500-meter section, from the Magdong-gu, Changwon-si, Changwon-si to the front day of the same Eup-Myeongjin apartment in the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the violation of the crime of this case, and the fact that there is no record of being sentenced to imprisonment or heavier punishment for the same crime);

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

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