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(영문) 창원지방법원 마산지원 2017.08.09 2017고단630
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 January 25, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act, on March 7, 201, a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on March 7, 201, and on January 13, 201, a summary order of KRW 7,00,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on March 13, 2014.

On June 17, 2017, at around 00:50, the Defendant driven BM6 car under the influence of alcohol content of about 0.119% from the 6km section to the front road of the Masan Undong-dong of the same Simsan Undong-gu, Masan Undong-gu, the Defendant driven BM6 car in the state of under the influence of alcohol content of approximately 0.119%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of driving at home;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration, such as the fact that there exists the same record of sentencing under Article 62-2 of the Criminal Act, but the confession and depth reflects the fact that there is no record of a crime heavier than a suspended sentence, and that social relationship is obvious;

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