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(영문) 창원지방법원 통영지원 2019.01.30 2017고단1345
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On August 21, 2017, at around 21:00, the Defendant driven a F-learning car under the influence of alcohol with approximately 70 meters alcohol concentration of about 0.348% from the C-cafeteria parking lot located in Gyeongnam-si B from around 70 meters to the E-ray in Gyeongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. The application of Acts and subordinate statutes to the notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drunk driver, and the investigation report (report on the circumstances of

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The sentencing period under Article 62(1) of the Criminal Act is highly high in the blood alcohol concentration of the defendant for the reason of sentencing under Article 62(1) and causes a traffic accident while driving under influence. Meanwhile, the defendant's health status is not very good due to the aftermathic disorder from external trauma, and the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. shall be determined as per the order, comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, such as

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