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(영문) 창원지방법원 통영지원 2017.01.26 2016고단1860
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than nine 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

1. On November 14, 2016, the Defendant driven a CM520 vehicle, one of which he/she owns, under the influence of alcohol content of about 0.103% from the section of about 500 meters to the front of the road in front of the 16:35 large-ro 105 on the road in front of the 16:35 on the same day.

2. On November 15, 2016, the Defendant driven a D EF rocketing car, a land owner, under the influence of alcohol leveling 0.124% from the section of about 8km to the front road of the gas station at the 02:25 Scam on the same day from the front of the 52:25 Scamba on the 00-ro 52 Scam Scam Scam on the 15th, 2016, when he is under the influence of alcohol leveling 0.124% from the road before the gas station at the 5770 Mcam.

Summary of Evidence

1. Statement E prepared by the defendant in court;

1. Notification of the results of regulating driving of alcohol, the statement of the circumstances of driving of alcohol, and the application of Acts and subordinate statutes concerning reporting on the situation of driving of alcohol;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s prior conviction and two times of a fine due to drinking alcohol driving. On the following day, the Defendant, who committed the crime indicated in Article 62-2 of the Criminal Act, is judged as ordered on the grounds that the Defendant, instead of preventing the Defendant from committing the crime indicated in Article 62-2 of the Criminal Act, committed against his/her mistake and not re-offending (a vehicle owned by himself/herself is closed), by taking into account the Defendant’s age, sexual behavior, health status, circumstances leading to the crime, and circumstances after the crime, etc., and on the grounds that the sentence is determined or sentenced, taking into account the sentencing conditions stipulated

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