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(영문) 창원지방법원 2018.08.31 2018고단1588

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 April 3, 2018, while under the influence of alcohol 0.227% during blood transfusion, the Defendant driven a B-e-sports car from approximately 500 meters section to the front road of the point where the Korean power is located in the same Eup from the front of the C-Jin-gun, Ulsan-gun, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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) the motive and background leading up to the instant crime; and (c) the means and consequence of the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the arguments and arguments, such as criminal records and arguments, were comprehensively considered.