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(영문) 창원지방법원 2018.05.25 2018고단791
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

Criminal facts

On February 16, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 28, 2010, respectively.

The Defendant, on March 13, 2018, 00:37, e.g., e., e., e., e., e., e., g., Tasan-ro 89, Namsan-ro 89 from the e.g., c.

Also, from about 200 meters to the front road of the design, C K7 car was driven under the influence of alcohol level of about 0.122% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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. 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.

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