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(영문) 창원지방법원 마산지원 2017.03.10 2017고단68
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 May 18, 2007, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on the violation of the Road Traffic Act, and on August 8, 201, the Defendant was punished two times or more due to drinking, such as being notified of a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) in the Changwon District Court Branch Branch Branch of the Changwon District Court on the violation of the Road Traffic Act.

On January 16, 2017, at around 20:25, the Defendant driven an E-Charactering vehicle under the influence of alcohol content of approximately 0.122% from the 10km section to the front road of the welfare center located in the vicinity of the Masan-si, Changwon-si, Masan-si Office.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although there was a history of criminal punishment twice or more due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of this case was committed in the state of drinking at the same time, and the mistake is recognized and contradictory, and the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc. are considered comprehensively and determined as ordered.

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