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(영문) 창원지방법원 2017.10.25 2017고단2840
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On October 23, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on April 18, 2016, respectively.

On July 20, 2017, while under the influence of alcohol level of 0.080% among blood transfusion around 05:3 on July 20, 2017, the Defendant driven a motor vehicle of approximately 1km from the Do in front of the Defendant’s residence in Kimhae-si, Kimhae-si, and drive a motor vehicle of approximately 0.080 meters away from the Do in front of the Defendant’s residence in Kimhae-si to the front road in front of the

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 an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the above favorable circumstances) of the Criminal Act: (a) the Defendant’s act of committing the instant crime, including the following: (b) the Defendant’s act of committing the instant crime; (c) the motive and background leading up to the instant crime; and (d) the Defendant’s act of committing the instant crime; and (d) the Defendant’s age, sexual conduct, intelligence, and environment; and (e) various conditions of sentencing as shown in the arguments and records, including the circumstances after committing the instant crime.

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