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(영문) 창원지방법원 마산지원 2017.08.25 2017고단717
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Branch Branch on July 18, 201, and on September 29, 2008, issued a summary order of KRW 3 million for the same crime at the Changwon District Court on September 29, 2008, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

On July 5, 2017, the Defendant driven CM5 car under the influence of alcohol content of about 0.164% from the 200-meter section to the 200-distance road in the front of the Hyundai Flaser shop located in the Eup/Myeon located in Changwon-si, Changwon-si, and from the Do in front of the store located in the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

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 a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (a summary order, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the distance of driving is relatively short and reflective) of the mitigated amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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