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(영문) 창원지방법원 마산지원 2017.05.30 2017고단385
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 September 13, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 13, 2013, and on April 19, 2010, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of KRW 1 million for the same crime from the support of Suwon Friwon, which was issued by the Suwon District Court.

[2] On April 14, 2017, at around 23:17, the Defendant driven a BS-type car under the influence of alcohol content 0.101% at a section of approximately 500 meters from the front of the gold screen in the same Ri located in the middle of the Cheongi Hospital located in the Eup, which is located in the Changwon-si, Changwon-si, an Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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 stay of execution (see, e.g., the violation of the crime of this case and the absence of any record of being sentenced to imprisonment or heavier punishment for the same crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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