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(영문) 창원지방법원 마산지원 2017.05.23 2017고단350
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 February 6, 2007, the Defendant was notified of a summary order of KRW 2 million for a violation of road traffic law (drinking) at the Changwon District Court’s Tongwon District Court’s branch on February 6, 2007. On November 24, 2008, the Defendant was notified of a summary order of KRW 3 million for a violation of road traffic law (drinking) at the Changwon District Court’s branch on November 24, 2008.

[2] On March 23, 2017, at around 00:40, the Defendant driven Bho-do car under the influence of alcohol concentration of approximately 100 meters in a section of about 100 meters from the 100-meter distance from the GGGG YG YG YGGGG YGGGGGR YGGGR YGGGGGGGGGGR YGGGGGGGGGGGGGR YGGGGGGGGGGGR

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. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. Investigation report (CCTV verification) and photographs attached thereto;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (Attachment of criminal suspects' previous convictions and written judgments);

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 crime have committed the crime of this case.

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

The most recently punished punishment is a previous one of the nine-year fine, considering that it was a previous one.

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