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(영문) 창원지방법원 마산지원 2018.05.25 2018고단394
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 April 24, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s territorial branch on April 24, 2008, and a summary order of KRW 1.5 million for the same crime in the same court on December 22, 2015, respectively.

On March 19, 2018, the Defendant driven a B-to-pur motor vehicle with approximately 0.087% alcohol level from the 1km section of approximately 1km to the front of the IBK Enterprise Bank located along the coast of Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul, to the front road of 108 Dong-dong Mapo-dong Mapo-dong Mapo-dong (hereinafter referred to as the “Mapo-dong Mapo-dong Mapo-dong Mapo-dong Mapo-dong Mapo-dong”).

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

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;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The sentencing of Article 62-2 of the Criminal Code of the Order to Attend the lecture has the same record as the defendant for the reason of sentencing, but there is no serious record of crime, the process of the crime, the degree of alcohol level during the blood, driving distance, the age of the defendant, circumstances after the crime, etc. shall be determined as the sentence as ordered.

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