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(영문) 창원지방법원 통영지원 2016.11.30 2016고단1451
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 29, 2012, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on March 29, 2012, and KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on May 30, 2013.

【Criminal Facts】

On September 24, 2016, at around 04:00, the Defendant driven a car with a blood alcohol level of 0.102% from the 1km section from the front of the domestic elementary school located in the Maol-si, Maol-si to the front of the Maol-si located in the same beginning of the beginning 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. 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment against the defendant is set by taking account of the defendant's age, character and conduct, environment and circumstances after the crime, etc., and probation and order to attend lectures should be added due to the risk of recidivism, reflectness and reflectness.

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