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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1302
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

Punishment of the crime

[criminal power] On May 6, 2010, the Defendant issued a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on May 6, 201, and on April 27, 2015, the same court issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On August 23, 2016, at around 21:22, the Defendant driven a Bpppon vehicle with approximately 300 meters alcohol level around 0.086% under the influence of alcohol level on the front of the “CUpon 159” located in the “CUpon 159 of the same day from the front of the “Wnpon 26-gil,” which was 21:23, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Application of Acts and subordinate statutes to notify the result of regulating drinking driving;

1. Relevant laws concerning 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 for discretionary mitigation;

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

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, degree and distance of alcohol level, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, shall be determined by comprehensively considering the Defendant’s age, character and behavior, and the order to provide community service

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