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(영문) 창원지방법원 2018.03.07 2017고단4181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 14, 201, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Changwon District Court on November 14, 201, and on May 27, 201, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violating the Road Traffic Act (drink driving) at the Changwon District Court on May 27, 20

On October 31, 2017, the Defendant driven an E Lasta car at approximately 500 meters from the front day to the front day of the Chang-si in the Chang-si in the state of alcohol concentration of 0.127% during blood transfusion around 11:20 on October 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture is to repent and reflect the Defendant’s mistake in depth, and there are several circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime, and the Defendant has been punished for drinking or driving without a license. In addition, the Defendant determined the same sentence as the disposition, taking into account the following factors: the means and results of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, intelligence, environment, etc., and various conditions of sentencing as shown in the oral argument.

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