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(영문) 창원지방법원 2018.11.29 2018고단2613
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

On October 26, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on May 30, 2017, the Defendant had a record of being issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the same court.

On September 27, 2018, while under the influence of alcohol content of 0.118% among blood transfusions, the Defendant driven a C-learning vehicle from the front line of the pridge between Masan and the front line of the Changwon-si, which is located on the tent of the window of Changwon-si, to the happy road in front of the convalescent hospital.

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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 the amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., that a defendant commits a misunderstanding and thus makes it difficult for him/her to repeat a crime in the future; and that he/she has no previous criminal record

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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