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(영문) 창원지방법원 통영지원 2016.12.14 2016고단1553
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

[criminal power] On May 19, 2014, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on May 19, 201, and KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s branch branch on July 7, 2015.

【Criminal Facts】

On October 21, 2016, at around 21:50 on October 21, 2016, the Defendant driven B Oralba while under the influence of alcohol 0.113% of blood alcohol concentration at approximately 150 meters from the vicinity of the Yansan 1 Apartment apartment shop in the Yancheon-si, Seoul to the front of the Yansibridge in the 150-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol density, the degree and distance of driving, the records of punishment for the same kind of crime are two times, and the Defendant’s age, character and conduct, environment and circumstances after the crime are equally considered, the sentence against the Defendant is set and the order to attend lectures is added with reflect and reflect.

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