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(영문) 창원지방법원 마산지원 2017.05.16 2017고단308
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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] On February 10, 201, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law in the Jinwon District Court's Jinju branch on February 10, 201, and on July 25, 201, the Defendant was sentenced to a suspended sentence of two years on July 25, 201, and was sentenced to a suspended sentence of two or more times for a violation of road traffic law (driving) at the Changwon District Court's Changwon District Court.

[2] On June 23, 2016, around 05:50, the Defendant driven a C-learning car under the influence of alcohol leveling 0.169% at approximately 38 km away from the day before the f.4 km-dong in Jinju-si to the point of approximately 67.4 km-do in Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on the situation of the driver who is placed in driving, making a measurement of the driver who is placed in driving, and making inquiries about

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

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. 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 sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

On May 21, 2013, the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving of alcohol) in the Changwon District Court's Jinju branch on the other hand, even though he was sentenced to a fine during the suspension period of execution due to the same crime (the punishment of the suspension of execution was reduced as stated in the appellate court's decision). Nevertheless, the defendant committed the crime of this case in addition, even though he was sentenced to a fine during the suspension period of execution due to the same crime (the punishment of the suspension of execution was reduced as stated in the appellate court's decision).

The amount of alcohol concentration in blood is high.

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