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(영문) 창원지방법원 통영지원 2016.11.30 2016고단1327
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal power] On March 24, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on March 24, 2014, and KRW 1.5 million as a fine for the same crime from September 2, 2015, respectively.

【Criminal Facts】

On August 28, 2016, at around 08:05, the Defendant driven a motor vehicle B, under the influence of alcohol, at approximately 0.069% of alcohol alcohol level at the 1km section, from the road close to the upper east-dong of the So-si, on the street that is located in the ancient-dong of the city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are equally considered in light of the following: (a) the Defendant’s blood alcohol concentration level on the grounds of the sentencing of Article 62-2 of the Criminal Act is relatively low; (b) the details and distance of the operation; (c) the criminal records of the same kind of crime; and (d) the Defendant’s age, character and behavior; and

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