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(영문) 창원지방법원 마산지원 2017.06.27 2017고단509
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 January 28, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on the same day, and on September 8, 2011, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by having been sentenced to a fine of KRW 2 million for the same crime in the same court.

[2] On April 15, 2017, the Defendant driven a B-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-p

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the situations of the driver under driving under driving under drinking);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the previous convictions in the same case and report);

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.

There are several kinds of records that have been punished for the same crime.

The amount of alcohol concentration in blood is high.

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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