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(영문) 창원지방법원 통영지원 2019.07.04 2019고단477
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

Punishment of the crime

【Criminal Power】 On January 18, 2010, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million with a fine of KRW 2.5 million with a charge of violating the Road Traffic Act (driving) at the Changwon District Court’s Tong-gu branch on January 18, 2010, and a summary order of KRW 2.5 million with a fine of KRW 2.5 million with a charge of violating the Road Traffic Act (driving) with the Changwon District Court

【Criminal Facts of Crimes】 On April 20, 2019, at around 05:08, the Defendant driven a DNA car while under the influence of alcohol with approximately approximately 500 meters alcohol concentration of 0.085%, from the main points in the mutual influence in the territory of Dong-si to the front roads in B C.

As a result, the defendant, who has violated the prohibition of drunk driving (Article 44 (1) of the Road Traffic Act) not less than twice, was driving again as above.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same kind of driving force);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice 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;

1. Probation, orders to provide community service and attend lectures, the reasons for sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant's like crime, driving background, driving distance, driving distance, the degree of the principal offender, the time of committing a crime, and the accused's age, character and behavior, environment, motive of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by the same order, taking into consideration various conditions of sentencing under

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