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(영문) 창원지방법원 마산지원 2017.04.26 2017고단215
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 December 31, 2007, the Defendant was issued a fine of one million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on December 31, 2007, and a fine of two hundred and five million won or more as a same crime in the same court on June 21, 2010.

Although the Defendant had had a history of driving under the influence of alcohol two times as above, he once again driven a vehicle B with approximately approximately 200 meters from the section of B 200 meters from the front road of the Samwon-si, Changwon-si, Changwon-si, which is located in the Changwon-si, Changwon-si, Changwon-si, in the state of alcohol concentration of 0.067%, while under the influence of alcohol during blood at around 01:40 on February 22, 2017.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstantial records of drivers of drinking alcohol and the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the defendant committed the instant crime even though he/she had been punished for driving alcohol: The defendant is recognized to commit the instant crime; the defendant has no criminal record of probation or higher; the above circumstances and the defendant’s age, sex behavior, environment, circumstances, means and consequence of the instant crime; and the conditions for sentencing, such as the circumstances after the crime, shall be determined as per the order, taking into account the following circumstances.

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