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(영문) 창원지방법원 마산지원 2019.08.21 2019고단495
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 April 26, 2019, at around 20:41, the Defendant driven DK5 cars while under the influence of alcohol content of about 0.330% at the section of approximately 11m of alcohol alcohol level from the 11km to the roads before the Chang-si Masan Masan-si Matern, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of Acts and subordinate statutes to the report on the situation of running a driving on the drinking house and the circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, despite the fact that the defendant had been already punished once for drinking driving, was able to drive gold again while driving it in a drunken state, and the central separation zone was shocked with his/her driver's vehicle.

The blood alcohol concentration is also high.

On the other hand, the defendant has no record of punishment except for the confession of crimes and reflects against himself/herself, and is sentenced once to a fine due to drunk driving.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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