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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1492
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2008, the defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law in the Changwon District Court's Tongwon District Court's Tong-gu branch on January 30, 2008, and on March 20, 2007, the defendant received a summary order of 700,000 won for a crime of violating road traffic law in the Changwon District Court's Tong-won District Court's Tong-gu branch on March 20, and was sentenced to a

Criminal facts

At around 22:32 on September 30, 2017, the Defendant: (a) while under the influence of alcohol at least twice by driving alcohol, the Defendant driven BM6 car from the front day of the mutual influence 0.121% of the blood alcohol level, which was in the influence of alcohol level, to the second apartment 206 front day of the 206-2nd apartment house with the death fluorging 2-76-58 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. A report on investigation and an investigation report on the details of enforcement;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. As the grounds for sentencing under Article 62-2 of the Criminal Act are repeated, the suspension of the execution of imprisonment shall be sentenced. However, in order to block the possibility of drinking driving, the order to attend a law-abiding lecture and the past record of the suspension of the execution of drinking already has been sentenced due to drinking driving, community service shall be ordered together.

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