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(영문) 창원지방법원 통영지원 2017.11.08 2017고단1209
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 July 23, 2010, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on July 23, 2010, and was sentenced to a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Dong branch of the Busan District Court on December 31, 2012.

On July 18, 2017, the Defendant driven a B-hand car under the influence of alcohol concentration of about 500 0.208% in the section of about 500 meters from the front road of the tea stop, which is located in 10,000 ancient bus terminal at the ancient city, 23:15,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking and report on the circumstances of the driver of drinking;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant caused a traffic accident while driving alcohol, the fact that the alcohol concentration in blood is very high, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively considering various sentencing conditions under Article 51 of the Criminal Act.

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