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(영문) 창원지방법원 마산지원 2018.02.07 2017고단1301
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 March 9, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), on October 31, 2008, a summary order of KRW 1 million as a fine for the same crime in the same court, and on March 9, 201, a summary order of KRW 350,000,000 was issued by the Chuncheon District Court as the same crime.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on November 12, 2017, at around 05:50 on the same day, the Defendant driven a Brocketing car under the influence of alcohol 0.160% from the 20km section to the point of 11.3km of the Haan-gun metropolitan highway located in the middle of the Haan-gun metropolitan highway located in the Changwon-si, Changwon-gu, Seoul Special Metropolitan City to the point of 11.3km in the middle of the Haan-si metropolitan highway located in the Haan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act provides that the defendant can have the same criminal records for the reasons of sentencing, but the defendant recognizes his/her mistake and reflects his/her misconduct, there is no criminal record heavier than a suspended sentence, and the defendant's age, occupation, family relationship, etc. shall be determined as the same as the order.

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