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(영문) 창원지방법원 통영지원 2016.07.20 2016고단528
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] The defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws in the Changwon District Court's Tong-gu branch on March 16, 2009, and on August 19, 201, the defendant was sentenced to a suspended sentence of two years for six months due to a crime of violating road traffic laws (drinking) at the same court on August 19, 201, and was sentenced to a suspended sentence of five times in total.

[2] On April 30, 2016, the Defendant driven B rocketing car under the influence of alcohol leveling to about 0.104% in a section of about 2km from the front of the landscaping to the new Mari-ri and apartment parking lot located in the front of the Gyeongnam-si at the Gyeongnam-si at the Gyeongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and circumstantial report on the situation of the driver who is placed in the main place;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 sentencing conditions under Article 51 of the Criminal Act, such as the defendant's blood alcohol concentration, alcohol concentration, driving background and distance, the records of punishment for the same kind of crime, and the defendant's age, sex behavior, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act are determined by comprehensively considering the sentencing conditions under Article 51 of the Criminal Act, and an order to observe protection and attend lectures as a result of reflect and sexual reflection.

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