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(영문) 창원지방법원 2018.01.10 2017고단3722
도로교통법위반(음주운전)등
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 September 17, 2014, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the Changwon District Court to a crime of violating the Road Traffic Act on September 5, 2016.

On October 18, 2017, the Defendant, while under the influence of alcohol level of 0.061% (breath measurement) during blood transfusion around 23:10 on October 18, 2017, driven a C Track Motor Vehicle at approximately 100 meters from the section of approximately 100 meters to the front of the 119 Safety Center in the front of the 119 Safety Center around the Taehae apartment apartment that is located outside the Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) by Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

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

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