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(영문) 창원지방법원 2018.07.04 2018고단1372
도로교통법위반(음주운전)
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

Punishment of the crime

[criminal history] On March 16, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Changwon District Court on the same day on November 22, 2010, a fine of KRW 2 million for the same crime at the same court, and KRW 7 million for the same crime at the Changwon District Court Msan Branch on January 3, 2014.

[Criminal facts] The Defendant 2018

5. Around 23:37, around the 23:37 Changwon-si's Do road in front of the main Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-do,

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

The driver's license for the driver's license for the driver's license for the driver's license for the driver's license for the driver's license is the driver's license for the driver's license.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In addition, it is not possible to lead to the actual accident and the distance of driving is also driving.

The previous criminal records of the same kind were sentenced to a fine, and there were no criminal records of the suspension of execution or more.

A family with a family member to be supported can also be considered as a favorable situation.

otherwise, the age of the defendant;

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