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(영문) 창원지방법원 마산지원 2013.09.17 2013고단421
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

On May 11, 2013, the Defendant driven a B B teme motor vehicle under the influence of alcohol content of about 0.227% at a section of about 1km from the 1km commercial parking lot adjacent to the New World department store in Changwon-si, Busan-si, Busan-si, to the front road in the Changwon-si, Changwon-si, Changwon-si, Seoul-si, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.27% from the 1km section from the 23:5.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a drinking driver, the results of crackdown on drinking driving, the report on detection of a drinking driver, the written assessment of blood alcohol and the circumstantial report of a drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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. Although the defendant had been punished three times (one time of suspended sentence, two times of fines) for the same offense for the reason of sentencing under Article 62-2 of the Criminal Act, he again committed the crime of this case, and the blood alcohol concentration is not good. However, the above suspended sentence is deemed to have been committed for about 12 years, and the defendant's mistake is in depth and has not caused traffic accidents, and the sentence is determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, character and behavior and environment.

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