(영문) 창원지방법원 2018.10.05 2018고단1805

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(영문) 창원지방법원 2018.10.05 2018고단1805

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 December 2, 2013, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court on November 10, 2014, respectively.

On July 6, 2018, around 00:07, the Defendant driven a C-L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

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 grounds for sentencing under Article 62-2(1) of the Criminal Act, including the following: (a) the Defendant was divided in depth into and against his mistake; (b) there are some circumstances that may be taken into account the motive and circumstances leading to the instant crime; and (c) the Defendant had no special criminal history other than those that have been punished several times; and (d) the Defendant determined the same sentence as the order, taking into account the following factors: (a) the means and consequence 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

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