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(영문) 창원지방법원 마산지원 2017.10.17 2017고단806
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On October 17, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Branch Branch on March 17, 2014, and was sentenced to a fine of KRW 4 million for the same crime on July 4, 2013 and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On August 13, 2017, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.179% in a section of about 800 meters from the front of the Hyundai Froman shop in the middle of Eup, which is located in the Changwon-si, Changwon-si, Seoul, and also in the front of the golf street located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same force of the suspect), and application of attached statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case has been committed in spite of the record of being punished three times for the same crime.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.

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