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(영문) 창원지방법원 마산지원 2017.05.24 2017고단351
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 29, 2008, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act. On December 28, 2009, the Defendant received a summary order of KRW 2 million from the same court due to a violation of the Road Traffic Act.

On March 26, 2017, the Defendant driven B Poter II cargo while under the influence of alcohol content of approximately 0.167% from the portion of approximately 200 meters alcohol to the front road of the Jinsung-ro, Changwon-si, Changwon-si, 277, a Eup-Myeon, from the road in front of the notification of the vehicle of the modern high speed tourism in the 2777, to the road in front of the same Eup-Myeon.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

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 conviction: Application of the Acts and subordinate statutes, such as inquiry about criminal history and investigation report (former and attachment of the summary order);

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution)

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