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(영문) 창원지방법원 2017.10.18 2017고단2788

도로교통법위반(음주운전)

Text

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 June 7, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 3, 2017, respectively.

On August 5, 2017, at around 23:35, the Defendant driven a B-hand car in the influence of alcohol level of approximately 0.182% at the 200-meter section of the blood alcohol level at around 0.182% at the same time from the next Do of the Mauri-dong Kimhae-si to the front day of the Mauri-dong Kimhae-si.

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, report on investigation (Attachment to the same type of force);

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 result of the instant crime; (d) the circumstances after the crime; (e) the Defendant’s age; (e) the Defendant’s sexual conduct; and (e) various conditions of sentencing as shown in the pleadings, such as the intelligence