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(영문) 창원지방법원 마산지원 2017.06.14 2017고단355
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 February 11, 2008, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving), and on June 16, 2008, by the same court, as a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving).

On April 6, 2017, the Defendant driven a C1 ton cargo vehicle under the influence of alcohol content of about 0.076% in a section of approximately 400 meters from the front of the west-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and Dong-dong Public Parking Lots, which is located in Dong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant again went to commit the instant crime even though he/she was sentenced to a fine by driving alcohol or driving without a license, and thus, the Defendant again went to the instant crime, and thus, he/she was sentenced to imprisonment due to the impossibility of achieving the purpose of punishment. In addition, considering the fact that the Defendant appears to reflect on the Defendant’s gender, the execution of the sentence is suspended only once taking into account various sentencing conditions as shown in the instant argument, such as the Defendant’s age, sex, environment, motive, means

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