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(영문) 창원지방법원 2018.05.25 2018고단774

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On April 19, 2010, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million by the Changwon District Court on March 30, 2015 for a crime of violating the Road Traffic Act.

On March 21, 2018, around 01:05, the Defendant driven B troke car with approximately 0.073% alcohol level in the section of approximately 300 meters, while under the influence of alcohol level in the direction of 0.073% during blood, from the front road of 12-27, which was 12-27, the Mano Samsung Motor Vehicle Head Office, the Man-si, the Man-si, the Man-si, the Man-si, the Man-si, the Man-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the above favorable circumstances) of the Criminal Act, including the following: (a) the Defendant’s mistake was repented in depth and reflected; and (b) there are some circumstances to consider the motive and background leading to the instant crime; and (c) the Defendant, other than the previous criminal records, did not have any other criminal history; and (d) comprehensively considered the means and consequence of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, sexual behavior; and (d) various conditions of sentencing as shown in the records and arguments