(영문) 창원지방법원 2018.03.21 2018고단63

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(영문) 창원지방법원 2018.03.21 2018고단63

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 October 15, 2009, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act at the Changwon District Court, and was sentenced to a fine of five million won due to a violation of the Road Traffic Act at the Changwon District Court on March 26, 2010.

On December 24, 2017, around 19:10, the Defendant driven a bicycle with C108 C 108c motor vehicle while under the influence of alcohol concentration of about 0.163% in a section of about 300 meters from the blood alcohol level to the head of the permanent residence of about 13rd-ro, Jin-si, Taewon-si, Busan High-si, Busan High-do.

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: Application of a reply to inquiry, such as criminal history, and criminal investigation report (referring to the filing of such case decisions);

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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