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(영문) 창원지방법원 마산지원 2017.04.26 2017고단35
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 21, 2015, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) in the Changwon District Court's Msan Branch on August 21, 2015, and on November 16, 2009, the Defendant was issued a summary order of KRW 1 million for the same crime at the Changwon District Court's Changwon District Court.

On January 9, 2017, the Defendant driven Cbeer or a car under the influence of alcohol content of about 0.067% at a distance of about 300 meters from the front of the restaurant to the back of the fishing road located in the same Eup/Myeon located in the same 300-meter Eup/Myeon located in the Changwon-si, Changwon-si, Changwon-si, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the Defendant committed the instant crime even though he/she had been punished for driving alcohol: The Defendant recognized the instant crime; the driving distance is relatively short; and the sentence is determined as ordered in consideration of all the conditions for sentencing, including the above circumstances and the Defendant’s age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime.

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