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(영문) 창원지방법원 통영지원 2016.09.22 2016고단960

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

On September 7, 2007, the Defendant issued a summary order of KRW 700,000,000 as a crime of violating road traffic law in the Changwon District Court’s Tongwon District Court’s territorial branch on September 7, 2007, the summary order of KRW 1,50,000 as a fine for the same crime in the same court on August 18, 2008, and the summary order of KRW 3,00,000 as a fine in the same court on June 13, 2016, respectively.

Criminal facts

On July 9, 2016, the Defendant driven a coo car in B, while under the influence of alcohol content of approximately 0.054%, without obtaining a driver’s license, from the front of “the frequency of a villa,” which is located in the Singue of Gosung-gun, Gosung-gun, Gosung-gun, Jin-gun to the front of “Woo-dong,” which is located in the Singue-si, Gosung-gun, Jin-gun, Jin-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of a copy of Acts and subordinate statutes;

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. In addition, even if the defendant had been sentenced to a fine due to the suspension of drinking alcohol and driving without a license due to the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's age, occupation, sex, sex, family relationship, circumstances leading to the crime of this case, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the criminal defendant's age, occupation, sex, family relation, circumstances before and after the crime of this case, etc., shall be determined as ordered by the court below, by taking account of the punishment conditions stipulated in Article 51 of the Criminal Act.