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(영문) 창원지방법원 2017.05.30 2017고단903
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

Punishment of the crime

On July 21, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act at the Changwon District Court on July 21, 2008, and on June 19, 2009, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a crime of violating the Road Traffic Act (drinking) and was sentenced to a suspended sentence of 2 times or more by the same court on June 19, 2009, and was 8 times of the same kind.

On March 13, 2017, around 09:20 on March 13, 2017, the Defendant driven a Ctiball car in the state of under the influence of alcohol content of about 0.086% at approximately 50 meters from the eroblua from the eroblusa to the 77-year Jin Sea Base Headquarters, which is located in the Gucheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to such previous decisions, etc.);

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (this case’s drinking is controlled on the day following the drinking, and circumstances exist that may be taken into account in part in driving, and that the Defendant does not repeat the work in the future with his mistake divided, and a considerable period of time has elapsed since the Defendant was punished for the same kind of crime, and that the Defendant’s alcohol concentration in blood was not significantly increased at the time of the instant crime, etc.)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

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