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(영문) 창원지방법원 2019.01.17 2018고단3194
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Changwon District Court Msan Branch on March 21, 2014, and on October 12, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

On November 3, 2018, the Defendant, while under the influence of alcohol of 00:52, driven a Kanman vehicle from the front side of the window in Changwon-si to the front road of the previous Domp square of the same Gu, under the influence of alcohol of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has hardened to keep the defendant from committing a crime in the future as he/she repents his/her mistake in depth, and that there is no other criminal record except the criminal record of the first head of the judgment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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