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(영문) 창원지방법원 2019.09.26 2019고단1488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 5, 2007, the Defendant issued a summary order of KRW 3,00,00 by the Changwon District Court for a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on June 9, 2008, the above court was sentenced to a suspended sentence of KRW 3,00,000 for a violation of the Road Traffic Act. On January 13, 2012, the above court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act.

On May 30, 2019, at around 22:31, the Defendant driven D TworkXG car at approximately 100 meters away from the front road of Kimhae-si, Kimhae-si, in a state of alcohol of 0.069% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the extenuating circumstances, such as the reflection of the accused and the fact that the accused should support his or her child);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions shall be repeatedly considered);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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