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(영문) 창원지방법원 마산지원 2017.06.28 2017고단508
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2009, the Defendant issued a summary order of a fine of KRW 2.5 million for a violation of road traffic law at the Changwon District Court’s Tongwon District Court’s Tongwon District Court’s Tong branch on December 22, 2009, and on March 2, 2010, the Defendant issued a summary order of KRW 4 million for a violation of road traffic law.

On May 18, 2017, at around 03:50, the Defendant: (a) driven a B-related car in the state of alcohol concentration of about 0.107% from the 5km section of the blood alcohol level to the front road of the Masan bus terminal parking lot located in the Chang-si, Changwon-si, Changwon-si, Masan-si, Changwon-si, the Defendant: (b) driven the B-related car in the state of alcohol concentration of about 0.107% in front of the apartment site in Changwon-si, Changwon-si; (c)

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture (in a case where the sentencing criteria are not set) is disadvantageous to the defendant.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

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