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(영문) 창원지방법원 통영지원 2016.08.11 2016고단710

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 27, 2006, the Defendant was issued a summary order of KRW 700,000,000,000,000,000 as a fine for a violation of road traffic law at the Changwon District Court’s branch branch on March 21, 2016, as a crime of violation of road traffic law (drinking).

[2] On May 18, 2016, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.079% from March 1, 2016 to May 19, 2016, even though the validity of the driver’s license was suspended from around 50 meters to around the “blue restaurant in elb” located in the same Ri, from the front of the “Glue Park” to the front of the “blue Park” road in the same Ri, and from around March 1, 2016 to May 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on a driver of a driving school, inquiry into the results of crackdown on drinking driving, an appraisal of alcohol during blood, and a report on the detection of a driver of a driving school;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (attached to a summary order of the same criminal suspect's same record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, family relation, circumstances leading to this case's crime, and circumstances before and after this case's crime, etc. are considered and sentenced to two times a fine under Article 62-2 of the Criminal Act due to the provision of alcohol, etc. for sentencing, and thus, the quality of the crime is not good. It is so decided as per Disposition on the grounds that the defendant was sentenced to punishment by taking into account the defendant's age, occupation, sex, family relation, circumstances before and after the crime of this case, etc.