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(영문) 창원지방법원 마산지원 2017.06.28 2017고단510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 6, 2009, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic laws at the Changwon District Court on April 6, 2009, and was sentenced to a fine of 5 million won due to a violation of road traffic laws at the Changwon District Court on August 6, 2012, and was sentenced to a fine of 5 million won due to a violation of road traffic laws at the Changwon District Court on September 6, 201.

On May 12, 2017, around 21:50, the Defendant driven a B-hand car with alcohol content of 0.113% under the influence of alcohol content in approximately 1km from the front of the “Yari-ri-ri-ri, Heari-ri, Haan-ri, Haan-ri, Haan-ri, Gan-ri, Haan-ri, Gannam-gun, Gannam-do to the tinri-ri distance in the front of the “Yari-ri-ri-ri,

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture (in a case where the sentencing criteria are not set) is disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, and that there is no record of criminal punishment heavier than the defendant.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

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