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(영문) 창원지방법원 마산지원 2016.10.04 2016고단780
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 22, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 1.5 million as a fine in the same court on January 19, 2009.

On July 21, 2016, at around 00:25, the Defendant driven a B SP car with approximately 2 km section from the front day of the scopon to the scopon distance located in the boundary of the same Eup/Myeon from the scopon road located in the Changwon-si, Changwon-si, Changwon-si, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the circumstantial statement of a drinking driver, a report on the control of drinking driving, and a report on the situation of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

Unfavorable circumstances: The record of punishment for the same crime has been three times, but the crime of this case has been committed.

The blood alcohol concentration is high.

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

Finally, it shall be considered that the punishment has not been more than seven years.

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