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(영문) 창원지방법원 2019.08.13 2019고단1491

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On April 4, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Changwon District Court on April 4, 201, and on November 14, 2012, the Defendant was sentenced to a suspended sentence of two months by imprisonment for a violation of the Road Traffic Act.

On May 20, 2019, at around 00:35, the Defendant driven CK5 cars with approximately 5km alcohol concentration of 0.064% from the Do in front of the residence of the Defendant in the window B of Changwon-si, Changwon-si to the road near the intersection in Jindong-si, Kim Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, was sentenced to a suspended sentence of imprisonment for one time due to drunk driving, and the punishment for two times due to the two-time fine, again, was under the influence of drinking driving in this case.

However, it shall be determined as ordered by taking into account the following circumstances: the defendant's age, character and behavior, environment, circumstances leading to the crime, degree of drinking, and circumstances after the crime, etc.: Provided, That the punishment shall be determined as ordered by taking into account the following circumstances: