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(영문) 창원지방법원 통영지원 2017.01.11 2016고단1662
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On August 11, 2009, the Defendant was issued a summary order of KRW 3 million on September 15, 201 with a fine of KRW 3 million due to a crime of violation of road traffic law (drinking) at the Changwon District Court’s Tong-gu branch branch, and a fine of KRW 3 million due to a crime of violation of road traffic law (drinking) at the Ulsan District Court’s Busan District Court’s branch office.

[Criminal facts] On October 29, 2016, the Defendant driven a B benz car under the influence of alcohol level of about 0.094% in blood alcohol level from approximately 1km to the road in front of the Sindo-si, “Sindo-si,” which is located in the Gero-si, Gero-si, Gero-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density, the details and distance of driving, the records of punishment for the same kind of crime, and the Defendant’s age, sex, environment, and circumstances after the crime, etc. are equally taken into account, the sentence against the Defendant is determined and the order to provide community service and attend lectures is added as a result of reflect and reflect.

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