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(영문) 창원지방법원 마산지원 2016.10.11 2016고단845
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 02:40 on August 17, 2016, the Defendant driven Bsch-ton car under the influence of alcohol leveling 0.234% from a section of approximately 500 meters of alcohol level to the front road of the Hanju Apartment apartment located in the Seocho-gu, Changwon-si, Changwon-si, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statements of drinking drivers, a written assessment of blood alcohol and a report on detection of drinking drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

An unfavorable circumstance: A person has a record of punishment for the same kind of crime.

Blood alcohol concentration is very high.

The favorable circumstances: The crime of this case is against the law.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

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