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(영문) 창원지방법원 2018.08.31 2018고단1650
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On September 6, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court on February 22, 2016, respectively.

On June 1, 2018, at around 21:50, the Defendant driven a Crocketing car with alcohol level of about 0.114% in alcohol level from around 300 meters to around 37:4 Don-ro 24 Don-ro Don-ro Don-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: A reply to inquiry, such as criminal history, inquiry of summary information of the case, text of the judgment, and application of statutes of the 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Mitigation of Small Quantity is that the defendant is divided in depth into and reflects his mistake, and there are some circumstances that may be somewhat considered in terms of the motive and circumstance leading to the instant crime.

On the other hand, the fact that the defendant committed the crime of this case without being aware of the history of punishment for the same crime even before, and that the defendant committed the crime of this case without being aware of the probation period due to it is disadvantageous to the defendant.

In addition, the various conditions of sentencing, such as the circumstances after the crime, the defendant's age, sexual conduct, intelligence, and environment, including operational distance, were determined in the same manner as the order.

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