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(영문) 창원지방법원 통영지원 2015.06.10 2015고단273
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

Criminal facts

On February 19, 2015, the Defendant, while under the influence of alcohol at 04:20% of blood alcohol level, driven a C-L-D-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances and report on the detection of such a driver;

1. Application of the statutes on response to requests for blood collection appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence against the defendant shall be imposed by taking into account the following factors: (a) the course and distance of drinking alcohol in this case; (b) the detection of traffic accidents; (c) the degree of blood alcohol level; (d) the records of punishment for the same kind of crime; and (e) the age, character and conduct, the environment of the defendant; and (e) the circumstances after the crime, etc.;

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