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(영문) 창원지방법원 2019.08.29 2019고단1155
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 November 27, 2012, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Prosecutors' Office as a crime of violation of the Road Traffic Act, and at the Changwon District Court on September 10, 2018, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act.

On January 24, 2019, at around 00:40, the Defendant, while under the influence of alcohol of 0.237%, driven D beer 124CC, from the front of the road in Kimhae-si B to the private distance intersection in the same tri-dong in the same tri-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes, such as criminal records, investigation reports (verification of attached records), and summary order;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had a record of punishment of juvenile protective disposition and fine due to drunk driving, again, was under the influence of alcohol concentration of 0.237%, causing an accident by reducing alcohol level.

However, in light of the various circumstances, such as the defendant's age, character and conduct, circumstances leading to the crime, and circumstances after the crime, the punishment shall be determined as ordered in consideration of the fact that the defendant is aware of and against the crime, there is no record of punishment exceeding the fine.

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