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(영문) 창원지방법원 2018.02.07 2017고단3961

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 April 6, 2007, the Defendant issued a summary order of a fine of one million won to a crime of violating the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act, and on November 15, 2017, the Defendant requested a summary order on the grounds of a violation of the Road Traffic Act (driving) at the Changwon District Court on the grounds of a violation of the Road Traffic Act.

On October 15, 2017, the Defendant driven Denz motor vehicles at approximately 600 meters in the section of around 15, 200 meters in front of the civil petition center located in Changsi-si, Sungwon-si, Sungwon-si, which is under the influence of alcohol content of 0.10% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of Acts and subordinate statutes in writing;

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 the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual conduct; and (e) various conditions of sentencing that are shown in the pleadings and arguments, such as records and arguments.