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(영문) 창원지방법원 2019.04.26 2019고단552
도로교통법위반(음주운전)등
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

The Defendant, while under the influence of alcohol concentration of 0.163%, was drunk, was driving a vehicle at the d window at a road of about 300 meters from the vicinity of the restaurant where the trade name of Kimhae-si cannot be known to B at around 22:53 on December 18, 2018 to the front of the restaurant located in B.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Under the grounds for sentencing under Article 62-2(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

A high blood alcohol level (0.163%), the defendant was punished by a fine of KRW 5 million due to drunk driving in 2017, and a fine of KRW 1 million due to non-licensed driving in 2018, but continues to commit each of the of the of the of the of the of the of the instant crimes, such as high possibility of criticism: Confession, short driving distance, absence of excess power, family members, etc.;

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