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(영문) 창원지방법원 마산지원 2018.03.28 2018고단40
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 19, 2007, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act (drinking), and on December 12, 201, a fine of KRW 3,00,000 due to a crime of violating the Road Traffic Act (drinking).

On December 19, 2017, at around 14:50, the Defendant driven a car under the influence of alcohol content of 0.063% while under the influence of alcohol at approximately 300 meters from the fluenal road located in the Hancheon-gu, Sincheon-gu, Sinnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

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 suspended execution;

1. The fact that the defendant has the same record as the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, but is against the defendant, there is no serious record of crime, and other consideration of drinking volume, driving distance, circumstances of crime, etc.

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