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(영문) 창원지방법원 마산지원 2018.03.23 2017고단1233
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 7, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 2.5 million for the same crime at the same court on May 10, 2010, respectively.

On December 10, 2017, at around 22:50, the Defendant driven B rocketing car under the influence of alcohol content of about 0.164% from a section of about 200 meters, from the front of the road in the central Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, to the front road of Dong-dong apartment.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (no serious criminal record);

1. Although the sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture has the same criminal history against the defendant for the reason of sentencing, the fact that the crime of this case is recognized and reflected, there is no serious criminal history, the defendant's age, circumstances of the crime, circumstances after the crime, etc. shall be determined as ordered by the order.

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