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(영문) 창원지방법원 2019.09.26 2019고단1818
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On June 15, 2019, at around 02:08, the Defendant driven CM6 car in the state of alcohol with approximately 24 kilometers of blood alcohol concentration of about 0.245% from the front of the restaurant in the middle of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal: Blood alcohol appraisal report;

1. Application of Acts and subordinate statutes to a written report on the occupancy of a driver;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been sentenced to a fine once due to drinking alcohol driving, the Defendant driven 24 km in the state of drinking alcohol concentration of 0.245%.

However, the punishment as ordered shall be determined by taking into account the various circumstances such as the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, etc., which are the conditions for sentencing.

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