(영문) 창원지방법원 2018.12.19 2018고단2703

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(영문) 창원지방법원 2018.12.19 2018고단2703

도로교통법위반(음주운전)

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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 March 23, 2007, 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 January 21, 2015, respectively.

On September 22, 2018, at around 23:40, the Defendant driven a car under the influence of alcohol level of about 0.096% in the 5km section from the front of the Defendant’s residence in Sungwon-si, Sungwon-si, Sungwon-si to the front road of the 12-lane of Changwon-si to the front road of the 12-lane of the Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and 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; (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the Defendant has no other special criminal records except for those that have been fined several times; and (d) the Defendant determined the same sentence as the order, taking into account the following factors: the means and results of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, sexual behavior; and (d) the intelligent and environmental records

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