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(영문) 창원지방법원 통영지원 2016.10.19 2016고단891

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 April 10, 2008, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Changwon District Court through the Changwon District Court on April 10, 2008, and was sentenced to a suspended sentence of two-month imprisonment with prison labor for a violation of the Road Traffic Act on January 31, 2013 and two-year imprisonment with prison labor for a violation of the Road Traffic Act on February 31, 2013, and has

Nevertheless, on June 26, 2016, the Defendant, without obtaining a driver’s license at around 21:25, driven a Bpad car in the state of alcohol alcohol concentration of about 0.084% at the section of about 3 km from the high-speed high-speed high-speed market to the entrance of Pyeongtaek-dong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation, the community service order’s degree of blood alcohol level, the details and distance of a defendant’s blood alcohol level, the progress and distance of driving without a license and drinking, the criminal records of punishment for the same kind of crime are considerably high, and the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, and circumstances after the crime, shall be equally considered, and probation and community service order shall be added as a result of the risk of recidivism, reflective and sexual reflection.