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(영문) 창원지방법원 2018.12.13 2018고단2762

도로교통법위반(음주운전)

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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

Punishment of the crime

On March 30, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 27, 2007, and KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 14, 201, respectively.

On October 2, 2018, while under the influence of alcohol content 00:40% in blood, the Defendant driven a car with Down-gu at approximately 200 meters in front of a restaurant located in the same Dong from the previous Do in which it is impossible to identify the trade name located in the window of Changwon-si in the window of Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of replys, summary orders and written orders, such as inquiries about criminal history;

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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (i.e., that a defendant commits a misunderstanding and thus makes it difficult to repeat the crime in the future; (ii) there is no previous criminal record subject to a fine heavier than a fine for the same kind of crime; and (iii) there is no criminal record subject to a punishment heavier than a fine for the same crime; and (iv) there has been a considerable period after

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;