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(영문) 창원지방법원 통영지원 2013.04.25 2012고합253
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 8, 2012, at around 21:20, the Defendant driven a B letobb-line cargo at approximately 150 meters away from the Do in front of the National Agricultural Cooperative of the Gapo-dong, the Do in front of the Gapo-dong, the Do in front of the Gapo-dong, the Do in front of the Dopo-dong International Fishing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act not only driven a cargo vehicle that is likely to cause serious damage to other persons or vehicles when an accident occurred while under the influence of alcohol after drinking a large amount of alcohol that amounts to 0.211% of the blood alcohol concentration, but also committed three times the previous crimes of violation of the Road Traffic Act, it is inevitable to sentence the defendant to imprisonment.

However, the sentence shall be determined as ordered by comprehensively taking into account all of the sentencing conditions shown in the arguments of this case, such as the fact that the defendant has both recognized and reflected the crimes, that the defendant has no criminal record of suspended execution or more, and that the defendant has the age, character and conduct, environment, the circumstances and results of the crime of this case, and the

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