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(영문) 창원지방법원 2018.10.05 2018고단1800
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On July 1, 2018, the Defendant, while under the influence of alcohol level of 0.206% during blood transfusion around 14:5 on July 14:5, 2018, driven a BNA car at approximately 60 meters from the front road of the Jin-si Office, which is located in the same Ri, in front of the Jin-si Office, where the Defendant was under the influence of alcohol level of 0.206% during Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the above favorable circumstances) is divided and reflected in depth of the Defendant’s mistake, and there are some circumstances that may be taken into account the motive and circumstances leading to the instant crime, including the fact that there are no other special criminal records except that the Defendant has been punished several times, and the Defendant determined the same sentence as the disposition, taking into account the following factors: the means and results of the instant crime, the circumstances after the crime, the Defendant’s age, sexual behavior, intelligence, environment, etc., and various conditions of sentencing as shown in the pleading.

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