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(영문) 창원지방법원 2017.08.23 2017고단1392
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

[2017 Highest 1392] On April 16, 2017, the Defendant driven Cschtonton car under the influence of alcohol concentration of about 0.079% from the 1km section to the sea-ro 126, Cheongwon-ro 236, Jinwon-dong, Jinwon-ro, Jinwon-ro, Jinwon-ro, Jinwon-ro, Seoul, to the sea-ro 126.

[205] On April 5, 2015, the Defendant issued a summary order of KRW 4 million at the Changwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking). On April 16, 2017, the Defendant was investigated for a self-driving on the ground of his/her drinking on April 16, 2017 (the Defendant was indicted for a violation of the Road Traffic Act (dacting) at the Changwon District Court on May 10, 2017). On May 8, 2017, the Defendant driven a car under the influence of alcohol of approximately 300 meters from the section to the 104-dong side route of the Gowonwon apartment at the Changwon District Court at the Changwon District Court at around the window-si, Changwon-si, Seoul Special Metropolitan City at around 19:30 on May 8, 2017 to the 104-dong side route.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control and the results of crackdown on drinking driving;

1. Previous convictions, etc.: The application of an inquiry letter, such as the criminal history of the second 2017 High 2265 case, and reporting prior convictions and results of confirmation, to the Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(2)3 and 44(1) (i.e., self-driving on April 16, 2017), Articles 148-2(1)1 and 44(1) (ii) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

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 on the suspension of execution (normal consideration in favor of the above);

1. The reason for sentencing of Article 62-2(1) of the Criminal Code Article 62-2(1) of the Order to Attend a lecture is to repent and reflect his mistake in depth, and the motive and circumstance leading to each of the crimes in this case are somewhat somewhat somewhat different.

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