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(영문) 창원지방법원 마산지원 2017.08.08 2017고단589
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 May 19, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act. On November 2, 2009, the Defendant received a summary order of KRW 1.5 million from the same court as the same crime. On April 5, 2010, the Defendant received a summary order of KRW 2 million from the same court as the same crime.

[2] On May 6, 2017, at around 23:30 on May 6, 2017, the Defendant driven a passenger car with approximately 500 meters alcohol content among blood while under the influence of alcohol at approximately 0.071% from the 50-meter section to the front road of other co-mar apartment in the same Dong-gu, Changwon-si, Changwon-si.

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. Statement report on the situation of the driver who is to take the driving, investigation report (report on the situation of the driver who is to take the driving), inquiry about the results of crackdown on the driving of drinking, and report on the situation of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's previous conviction and attachment of summary order);

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 suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: A majority of those who have been punished for the same kind of crime have committed the crime of this case.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.

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