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(영문) 창원지방법원 통영지원 2017.05.17 2017고단348
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2017, at around 03:13, the Defendant driven a BN city car under the influence of alcohol content of about 0.134% at the section of approximately 30 meters, i.e., e., the alcohol content from the front side of the entrance of the hyp-do, Gyeongnam-si, Gyeongnam-do, to the front side of the hyp-si, Gyeongnam-si, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, a report on the results of regulating drinking driving, and a report on the circumstances of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture include the fact that the defendant was punished twice for the same crime, the fact that the defendant had been sentenced to a fine twice after drinking alcohol, the fact that the substitute driver had been driven after drinking alcohol, the amount of alcohol concentration in blood, the defendant's age, sexual behavior, environment, motive and background of the crime, circumstances after committing the crime, etc., shall be comprehensively taken into account, and the punishment as ordered by the above Article 51 of the Criminal Act shall be determined.

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