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(영문) 창원지방법원 마산지원 2014.07.22 2014고단275
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 31, 2009, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on August 31, 2009, and on February 12, 2010, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a total of three times, such as imprisonment with prison labor for a violation of the Road Traffic Act (driving).

On March 18, 2014, at around 23:56, the Defendant driven a B observer car under the influence of alcohol with approximately 1.5 km alcohol concentration of approximately 0.05% from the 1.5km section to the front road from the south terminal located in the Changwon-si Mar. 23:56.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report attached to the same type of judgment), and application of a copy of judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was already punished several times due to drunk driving; (b) the Defendant is chosen to imprisonment in consideration of the fact that he/she committed the instant crime; (c) the Defendant is able to repent his/her mistake in depth; (d) the instant crime did not occur; and (e) the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime; and (e) the sentencing conditions indicated in the record, such as the circumstances after the instant crime, shall be determined as ordered, taking into account the following factors:

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