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(영문) 창원지방법원 2017.05.24 2017고단824

도로교통법위반(음주운전)

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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 September 14, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Flag Flag method, and on March 13, 2009, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Flag method.

On February 2, 2017, the Defendant driven BM3 vehicle under the influence of alcohol concentration of approximately 0.095% from a section of approximately 200 meters from the 2000 meters away from the day before the restaurant, where it is impossible to know the trade name in the Young-gu Tong through the Young-gu, Suwon-si, Suwon-si to the day before the day before the party underground roadway in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 include: (a) the Defendant’s mistake in depth and reflects his mistake; and (b) the motive and circumstances leading to the instant crime are somewhat considered; and (c) the means and results of the instant crime; (d) the circumstances after the crime; (b) the Defendant’s age; (c) the Defendant’s sexual conduct; and (d) various conditions of sentencing as indicated in the pleadings and arguments, such as records and arguments.