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(영문) 창원지방법원 2018.06.12 2018고단492
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 February 19, 2018, around 01:20, the Defendant driven a B K7 hybrid car while under the influence of alcohol content of about 0.214% at the 3km section of alcohol in front of the Do square located in the same Dondong as the Dondong in the same Dondong, on the front of the Dondong located in the Dondong in the same Dondong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant was punished one time by a fine (five million won a fine) due to drinking driving, the Defendant again committed the instant crime.

At the time of drinking driving, the alcohol concentration is considerably high.

However, the defendant seems to have an attitude to reflect by recognizing his mistake.

Defendant has no record of punishment except for punishment of a fine once as above.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, and circumstances after the crime.

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