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(영문) 창원지방법원 마산지원 2017.06.20 2017고단463
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Changwon District Court on April 19, 2010, issued a summary order of a fine of one million won for a violation of road traffic laws (driving), and on September 19, 2014, issued a summary order of a fine of six million won for a violation of road traffic laws (driving alcohol) at the Changwon District Court on September 19, 201, and was punished twice or more for a violation of road traffic laws (driving alcohol) respectively.

[2] On May 4, 2017, at around 16:34, the Defendant driven B Poter in the state of alcohol leveling 0.232% of alcohol level in approximately 300 meters from a section of around 300 meters to the front of the public playground in the same Ri, where the Defendant was designated as the Gyeongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and report on the situation of the driver at home;

1. Previous convictions in judgment: The application of inquiries, replys to inquiries, investigation reports (the previous convictions and confirmations) and statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

There are many kinds of records that have been punished for the same crime.

The amount of alcohol concentration in blood is high.

The favorable circumstances: The crime of this case is against the law.

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