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(영문) 창원지방법원 통영지원 2017.10.26 2017고단915
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On February 8, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking) in the Changwon District Court’s Tong-gu branch branch on February 8, 2010, and on September 24, 2010, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking) and was sentenced to a fine of KRW 3 million in the same court on September 24

[2] On June 23, 2017, the Defendant: (a) driven a Clearning car under the influence of alcohol of about 700 meters from a section of 0.134% of alcohol while under the influence of alcohol on the road before the police box of the coast guard, which is located in the Pyeong-dong, which is located in the Pyeong-dong in the city of Scam on the 21:13 on June 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to be against the recognition of the instant crime; (b) there is no history of criminal punishment exceeding a fine; (c) the amount of alcohol concentration and driving distance of the Defendant’s blood relative; and (d) the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime; and (c) the circumstances after the commission of the crime, etc., the punishment as ordered shall be

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