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(영문) 창원지방법원 2017.12.22 2017고단3450
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 2, 2008, the Defendant was issued a summary order of KRW 1.5 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 Busan District Court on March 10, 2016.

On September 8, 2017, while under the influence of alcohol level of 0.143% among blood transfusion around 01:40, the Defendant driven a two-wheeled vehicle B at a section of about 500 meters in front of the central shooting distance in front of the building in the Changwon-si, Sungwon-si, Sungwon-si, Seoul, with a view to 0.143%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes by inquiry results 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. 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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