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(영문) 창원지방법원 마산지원 2017.04.12 2017고단164
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 31, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1.5 million from the Changwon District Court on June 22, 2016, on the grounds that he/she was sentenced to a suspension of indictment for a violation of the Road Traffic Act (driving) at the Changwon District Prosecutors' Office on August 31, 2007.

On February 18, 2017, around 01:57, the Defendant driven B-low-income car under the influence of alcohol content of about 0.085% during blood while under the influence of alcohol at approximately 3km, from the 1st grade maintenance to the normal distance in the Eup in the Changwon-si members of Changwon-si, Busan Metropolitan City, to the normal distance in approximately 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the report of investigation (the same kind of power);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 20

1. An order to attend a course under Article 62-2 of the Criminal Act;

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