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(영문) 창원지방법원 2019.01.17 2018고단3169
도로교통법위반(음주운전)
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

On June 19, 2017, the Defendant issued a summary order of KRW 2 million to the Changwon District Court for a fine of KRW 1 million for a violation of the Road Traffic Act, and the same court on June 1, 2018 for a violation of the Road Traffic Act.

On September 29, 2018, around 19:45, the Defendant driven a FM6 car volume under the influence of alcohol 0.068% alcohol concentration from D near C Elementary to C Elementary School in the window B of Changwon-si to C Elementary School in E, while under the influence of alcohol 0.068%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da11448, Apr. 2, 2007) (see, 2008Da1332, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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