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(영문) 창원지방법원 통영지원 2017.04.25 2017고단158
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2017, the Defendant driven a CM car under the influence of alcohol concentration of about 0.103% while under the influence of alcohol at around 00:20 on the road from the CM car at the time of the CM car to the road before the CM car at the same time as the CM car at the time of the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on investigation (investigation into the details of enforcement);

1. Grounds for sentencing of the relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (selected of imprisonment) concerning the facts constituting an offense;

1. Scope of punishment: Imprisonment with prison labor for up to one year;

2. In light of the fact that the defendant who was sentenced to a sentence has been punished seven times (five times a punishment penalty, five times a suspended sentence of imprisonment, and two times a suspended sentence of imprisonment) for traffic-related crimes such as drinking without a license, it is deemed that the defendant needs to severely punish the defendant.

However, taking into account the fact that the Defendant is attempting to commit the instant crime, the driving distance of alcohol, alcohol concentration in blood, etc., the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances constituting the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime, shall be determined as ordered.

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