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(영문) 창원지방법원 마산지원 2017.07.11 2017고단546
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 April 16, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court, and on December 13, 2010, issued a summary order of KRW 2 million for the same crime at the same court.

[2] The Defendant 1 driven a BS car under the influence of alcohol leveling to approximately 0.142% of alcohol leveling from May 21, 2017 to the front road of the Korean power plant located in the Changwon-si, Changwon-si, Changwon-si, Changwon-si, who had been punished for driving alcohol level twice, from May 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating the driving of drinking alcohol, reporting on the situation of the driver of drinking alcohol, report on the circumstances of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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: The crime of this case was committed even though there was a record of punishment for the same kind of crime.

The amount of alcohol concentration in blood is high.

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

There is no record of punishment heavier than that of suspended execution for the same crime.

The most recently punished punishment is the year 2010.

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