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(영문) 창원지방법원 마산지원 2017.01.18 2016고단1269
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

On October 16, 2013, the Defendant received a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) from the Changwon District Court's branch on July 14, 2014. On September 19, 2014, the Defendant received a fine of KRW 2.5 million for a crime of violating road traffic laws (drinking driving) from the Changwon District Court's branch on July 14, 2014. On September 19, 2014, the Defendant received a fine of KRW 3 million for a crime of violating road traffic laws (drinking driving) from the Changwon District Court's branch on February 19, 2014.

However, on November 29, 2016, the Defendant driven approximately 400 meters from the front day of the Samwon apartment located in Changwon-gu, Changwon-si, Seoul Metropolitan City, to the front day of the Seojin apartment located in the same Eup, while under the influence of alcohol level of 0.057% among blood transfusion around 02:42 on November 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (the same force as the suspect) and Acts and subordinate statutes of the summary order attached thereto;

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 (which acknowledges and reflects his/her mistake, the fact that there is no past record of suspended execution or higher, and that he/she would not drive under the influence of alcohol again;

(3) such consideration as the

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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