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(영문) 창원지방법원 2017.05.24 2017고단638
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 March 31, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on November 14, 201.

On February 12, 2017, while under the influence of alcohol 0.160% during blood transfusion around 19:50 on February 12, 2017, the Defendant driven a truck of approximately 100m B Skiki Shes, one hundred and twenty meters prior to the road of "other pota" of the same 283 underground parking lot at Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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 his mistake; and (b) the motive and circumstances leading to the instant crime are somewhat considered; and (c) the means and results of the instant crime; (d) the circumstances after the crime; (b) the Defendant’s age; (c) the Defendant’s sexual conduct; and (d) various conditions of sentencing as indicated in the pleadings and arguments, such as records and arguments.

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