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(영문) 창원지방법원 통영지원 2021.01.20 2020고단1136
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On October 13, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Changwon District Court’s branch on October 13, 2016.

[2] While Defendant 1 had the power of violating the provision on prohibition of driving under the influence of alcohol as above, Defendant 1 driven a D-to-purd vehicle with D-to-purd vehicle with approximately 0.147% alcohol level in the front of the 1km-dong post office in the 10-lane 12, a 10-day macro-si, a macro-si, a macro-si, a 10-day-si, a 1k-si-si, a 1k-si-si, and the front of the C-si, a 1k-si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. Scope of sentencing under Article 62-2 of the Criminal Act: Determination of a sentence not to be imposed on the grounds of sentencing in the Act on the Reasons of sentencing: Imprisonment with prison labor for a year from one year to two years: imprisonment with prison labor; density of alcohol in the blood transfusion recognized for a year of suspension of execution of two years (40 hours in the course of study); details and distance from driving; previous convictions of the same kind (one time in the amount of punishment; relatively recent years); and other various circumstances revealed in the trial process of this case, such as the Defendant’s age, sex, environment, family relationship, etc. shall be determined as the sentence as the disposition;

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