(영문) 창원지방법원 2018.05.11 2018고단547

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(영문) 창원지방법원 2018.05.11 2018고단547

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 November 18, 2010, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on January 19, 2015, a summary order of KRW 5 million was issued from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On February 28, 2018, from around 23:45 to 23:55, the Defendant driven a c-cape car with a alcohol concentration of about 0.06% in the blood alcohol level at approximately 500 meters in front of the mountain bridge located in the Dong in the Kimhae-si examination in the city of Kimhae, from around 23:45 to around 23:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the same criminal records and two copies of the judgment;

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 of the Order to Attend the lecture include: (a) the Defendant’s mistake was pened in depth and reflected; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age, sexual conduct, intelligence, and environment; and (e) the conditions of various sentencing as indicated in the arguments and arguments,

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