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(영문) 창원지방법원 마산지원 2018.04.10 2018고단84
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 16, 2017, the Defendant driven a B-hand motor vehicle under the influence of alcohol concentration of 0.064% in the blood, when the Defendant has developed from the roads of the mountain area of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the girs of the gal

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, making a statement on the circumstances of drivers of drinking alcohol, and applying Acts and subordinate statutes to investigation reports (report on the circumstances of drivers of drinking alcohol);

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend, the Defendant had a record of punishment of fines four times from 2003 to 2006 due to drinking driving (2 times) and driving without a license (2 times), but once again, he/she had a record of driving under drinking (2 times).

Therefore, the sentence of imprisonment is inevitable because it is no longer possible to impose a fine on the accused.

However, considering the fact that the defendant led to the crime of this case, the traffic accident did not occur due to the crime of this case, and the defendant did not have any other criminal record except the above four-year fine, and the defendant lives without any particular criminal record for about 12 years thereafter, the punishment as set forth in the order shall be determined.

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