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(영문) 창원지방법원 2018.04.19 2018고단322

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 August 16, 2011, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on August 16, 2013, the Defendant received a summary order of KRW 2 million for the same crime in the same court on August 16, 201.

On February 13, 2018, the Defendant driven C K7 car in the state of alcohol alcohol concentration of about 0.059% in the section of about 400 meters from the roads of the East Easternern 72-1, the Jinado-gu, the Changwon-si, the Jindo-ro, the Jindo-ro, the Jindo-ro, 72-1, to the front roads of the Jindo-gu Police Station, the Defendant was under the influence of alcohol concentration of about 815.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past 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 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished for the same kind of crime, has committed another crime.

However, the defendant shows his attitude to reflect by recognizing his mistake.

The defendant is a family member who should support, and the alcohol concentration in blood at the time of driving alcohol is relatively low.

In addition, in consideration of the defendant's age, sex, environment, background leading to the crime of this case, circumstances after the crime, etc., all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.