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(영문) 창원지방법원 통영지원 2017.08.17 2017고단772
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2017, at around 00:54 on May 30, 2017, the Defendant driven a mari vehicle at B while under the influence of alcohol level of about 0.271% in a section of approximately 8km from the dormitory parking lot in Samsung Heavy Industries to the roads near public health branches, such as the same city-sae, gyp, gyp, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on the actual condition, the passing of the results of regulating drinking driving, the circumstantial report on the driver at home, and the application of Acts and subordinate statutes to the investigation report (the application of the said

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection 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 on the suspended execution;

1. The instant crime on the grounds of sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures is deemed to have driven 8km under the influence of 0.271% of alcohol content in blood, and in light of the alcohol concentration and driving distance in the blood, and the occurrence of traffic accidents, a strict punishment should be imposed.

However, it appears that the defendant recognized the crime of this case, and there is no other harm to human life other than the defendant due to traffic accidents caused by the defendant, the vehicle of the defendant is covered by a comprehensive insurance, the defendant's history of criminal punishment by driving under drinking is one time, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime are considered to be determined as ordered.

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