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(영문) 창원지방법원 통영지원 2017.10.26 2017고단1020
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

[criminal history] On May 16, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day. On December 27, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

[2] On July 5, 2017, the Defendant driven 3:16 on July 5, 2017, at around 0.162% alcohol concentration in blood, and from the front of the “cambling agent” in 165-11, the Defendant driven approximately 700 meters in front of the camb from the front of the “cambling agent” in 165-11 at the ancient city to the front of the cambing branch at the 1934 large city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures shows that the defendant recognized the crime of this case, there is no record of criminal punishment exceeding a fine, the alcohol concentration and driving distance of the defendant's blood, and other kinds of punishment as ordered by considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc.

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