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(영문) 창원지방법원 2018.10.17 2018고단2168

도로교통법위반(음주운전)등

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 December 29, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from May 9, 2018 to a violation of the Road Traffic Act at the Changwon District Court.

On June 24, 2018, at around 05:25, the Defendant driven a B K5 vehicle from around 500 meters away from the public parking lot in front of the Grand City in Busan Metropolitan City to the front of the road in the same Dong, while under the influence of alcohol of 0.096% of the blood alcohol during blood, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual conduct; and (e) various conditions of sentencing that are shown in the pleadings and arguments, such as records and arguments.