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(영문) 창원지방법원 통영지원 2019.05.09 2019고단89
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 30, 2015, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on November 30, 2015, and on February 1, 2011, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on February 1, 201, and received a summary order of KRW 2.5 million for a violation of the Road Traffic Act, and

【Criminal Facts】

On December 21, 2018, the Defendant: (a) violated the prohibition of drunk driving at least twice on two occasions; (b) but (c) driven CM5 vehicles at the section of about 3km of approximately 0.071 meters on the road in front of the ambudio in the Tong-si in the state of alcohol alcohol level 0.071%; (c) on the road in front of the opening of the cell cells in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, the reasons for sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant's like crime, driving background, driving distance, driving distance, the degree of the principal offender, the time of committing a crime, and the accused's age, character and behavior, environment, motive of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by the same order, taking into consideration various conditions of sentencing under

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