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(영문) 창원지방법원 마산지원 2017.12.13 2017고단1078
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on July 24, 2009, issued a summary order of KRW 3.5 million for the same crime by the same court, and on June 26, 2015, issued a summary order of KRW 6 million for the same crime at the Changwon District Court Msan Branch.

On October 24, 2017, at around 23:10, the Defendant driven B rocketing car under the influence of alcohol content of about 0.136% at a distance of about 800 meters from the entrance parking lot of the export free trade zone located in the Changwon-si, Changwon-si to the front road of the CU convenience store located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime.

However, the defendant's mistake and reflects, and the amount of alcohol concentration and driving distance in the blood of this case, and the defendant's age, family relationship, circumstances after the crime, etc. shall be determined as per the order.

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