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(영문) 창원지방법원 2017.12.22 2017고단3516
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 September 17, 2007, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 3.5 million by the Changwon District Court on April 8, 2016 for a crime of violating the Road Traffic Act.

On October 1, 2017, the Defendant, while under the influence of alcohol 0.151% during blood transfusion around 22:30, was driven by the Defendant at the entrance of the window of Changwon-si, Changwon-si, at the Dong-ri village of Changwon-si, and operated a car re-scheduled in approximately KRW 300 meters from the 300-meter section next to the Changwon TG, located in 8-32, for the same Eup/Myeon.

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 a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (in case of filing of the same summary order);

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) the motive and background leading up to the instant crime; and (c) the means and consequence of the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the arguments and arguments, such as criminal records and arguments, were comprehensively considered.

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