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(영문) 창원지방법원 2017.09.27 2017고단1432
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 23, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court, on November 22, 2010, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on November 22, 201, and on June 21, 201, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on June 21, 201, respectively.

On April 16, 2017, while under the influence of alcohol level of 0.082% from blood alcohol level around 01:25, the Defendant driven a CNpon-si car from the front of the building that he was unaware of the name located in the counter of Changwon-si at the window of Changwon-si to the front of the cunununununungdong located in the same Dong-dong (class hotel).

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 written inquiries about criminal history and other Acts and subordinate statutes;

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

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