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(영문) 창원지방법원 마산지원 2017.02.08 2017고단15
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

On December 19, 201, the Defendant received a fine of KRW 3 million for a violation of road traffic laws in the Changwon District Court Support on December 19, 201, and was sentenced to a fine of KRW 5 million for a violation of road traffic laws in the Changwon District Court Support on April 17, 2013 and was sentenced to a fine of KRW 5 million on at least two occasions.

However, on November 20, 2016, the Defendant driven a B car with approximately 200 meters from the later road of the Changwon-si, Changwon-si, Mawon-si, the 146% alcohol level, while under the influence of alcohol leveling 0.146% in blood around 10:50 on November 20, 2016, to the 34-way road of Changwon-si, Changwon-si, the 14-dong, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Records of judgment: References to inquiries, such as criminal history, reports on investigation (the same force as the suspect) and judgment attached thereto, and application of Acts and subordinate statutes of summary order;

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 (which acknowledges and reflects his/her mistake, the fact that there is no past record of suspended execution or higher, and that he/she would not drive under the influence of alcohol again;

the defendant's home environment, etc.

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

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

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