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(영문) 창원지방법원 2018.06.08 2018고단850

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On August 21, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and on May 21, 2012, a summary order of KRW 3.5 million was issued from the Changwon District Court to a crime of violating the Road Traffic Act.

On March 21, 2018, at around 23:45, the Defendant driven a NAS car under the influence of alcohol concentration of 0.082%, by taking a back and moving back from the D cafeteria parking lot located in Kimhae-si C, and taking a wall to the said D cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions indicated in judgment: In inquiry about criminal history and application of two copies of summary order 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. 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. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture include: (a) the Defendant’s mistake was pened in depth and reflected; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the means and result of the instant crime; (d) the circumstances after the crime; (e) the Defendant’s age; (e) the Defendant’s sexual conduct; and (e) various conditions of sentencing as shown in the pleadings, such as the intelligence