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(영문) 창원지방법원 마산지원 2019.05.17 2019고단169
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2018, around 23:25, the Defendant started from Jinju-si, 155 Jinju-ro, the road prior to the Jinju-si, and driven a DNA SM5 vehicle volume under the influence of alcohol 0.063% of alcohol content at approximately 40km from the front road of the C Hospital located in the Changwon-si, Muwon-si, the Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, and the report on the status of running a drinking house;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Social Service Criminal Act are three times for the defendant, who has already been punished for drinking without a license, and five times for driving without a license.

In light of the fact that he/she drives a gold again despite the fact that he/she has been discovered one time due to his/her refusal to take a drinking test, it is difficult to impose a fine on the defendant any more.

Even after 2009, only one time has been punished due to drinking driving, driving without a license, and refusal of drinking.

On the other hand, the defendant led to confession and reflect on the crime, did not cause harm to others due to the defendant's crime, and the defendant has no record of crime exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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