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(영문) 창원지방법원 마산지원 2014.08.12 2014고단446
도로교통법위반(음주운전)
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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 October 17, 2007, the Defendant driven a cargo vehicle while under the influence of alcohol with 0.202% of alcohol content, and was issued a summary order of KRW 2.5 million at the Changwon District Court on December 10, 2007. On July 31, 2012, the Defendant driven a truck under the influence of alcohol with 0.26% of alcohol content. On November 28, 2012, the Defendant was sentenced to a fine of KRW 7 million in the Changwon District Court Msan Branch support on November 28, 2012.

On April 12, 2014, at around 15:45, the Defendant driven a B B spawn knife vehicle with a blood alcohol content of about 20km from the 20km section to the relative knife distance in the new Dondong-gu, Sinnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been already punished several times due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant committed the instant crime, but the defendant is in depth, taking into account the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., and the punishment as ordered shall be determined by taking into account the following factors:

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