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(영문) 창원지방법원 마산지원 2014.09.02 2014고단643
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 9, 2006, the defendant issued a summary order of 2.5 million won for a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 12, 2007, a summary order of 3.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 12, 2007, respectively. On September 4, 2009, the defendant had the same kind of power as sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 4, 2009.

On June 11, 2014, at around 00:35, the Defendant driven B car at a section of approximately 500 meters from the entrance of the ice apartment located in the Gyeongnam-gun, Gyeongnam-do to the underground parking lot located in the same apartment 204-dong, while under the influence of alcohol content of 0.175%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (former records and attachment of court rulings, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a meeting is that the defendant had had had had had had had had had had had had had had had had had had had had been punished several times due to drinking, including the previous conviction of probation, and the drinking level also should be applied to the strict punishment because of the high drinking level. However, the defendant's mistake is divided in depth and the defendant's attempt not to unbreath the future, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc. shall be determined as ordered by the order,

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