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(영문) 창원지방법원 마산지원 2018.11.02 2018고단888
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 February 25, 2008, the Defendant was issued a summary order of KRW 700,000 from the Changwon District Court's Jinwon District Court's Jinju branch to a fine of KRW 700,000 as a crime of violating the Road Traffic Act.

Although the Defendant had been punished for driving alcohol twice as above, he again driven the B rocketing car from about 2 km to the mless intersection at the same time at the hotel parking lot to the month in which he is in the same city in the same city, at around 0.057 percent of alcohol level in the state of drinking around 07:30 on August 6, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving 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. Kim Jong-young

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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 suspension of execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of being punished for driving alcohol, has again committed the crime of this case: Provided, That the punishment as ordered shall be determined by taking into account the following factors: the defendant reflects the defendant, there is no record of the serious crime other than the fine, the details and contents of the crime, and all other factors of sentencing as shown in the argument of this case.

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