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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1304
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

[criminal history] On November 24, 2014, the Defendant was issued a summary order of KRW 150,000,000 as a fine for the same crime from the Changwon District Court's Changwon Branch's Chang Branch's Chang Branch's original support on May 29, 2015 to a fine of KRW 4 million for the same crime.

[2] On August 27, 2016, the Defendant driven a C-learning car under the influence of alcohol with approximately KRW 0.355% alcohol concentration in blood on the road between 15:10 on August 27, 2016 and 15:10 on the roads of approximately 25km from 15:10 to 15:0 on the roads of the Mapo-dong Mapo-dong Car Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of driving of drinking alcohol, and report on the circumstances of driving of drinking alcohol;

1. Inquiry about criminal history, application of a copy of each summary order, and applicable statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and order to attend a lecture, even though the Defendant committed the instant crime on two occasions due to drinking alcohol driving, and at the same time, the Defendant committed the instant crime, and the Defendant’s age, occupation, sex, sexual behavior, and the background leading to the instant crime, and the circumstances before and after the instant crime, etc., considered the sentencing conditions under Article 51 of the Criminal Act, and considered the sentencing conditions under Article 51 of the Criminal Act, such as the punishment.

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