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(영문) 창원지방법원 통영지원 2016.03.09 2016고단23

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On April 15, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court through the Changwon District Court on April 15, 201, and KRW 5 million for the same crime in the same court on August 1, 2014.

Criminal facts

The Defendant, as above, had been punished twice as a crime of violating the Road Traffic Act, but around 21:50 on January 4, 2016, 201, the Defendant driven Bone Star Co., Ltd., one of the Defendant, under the influence of alcohol concentration of about 0.131% without the driver’s license, from the front side of the bank located in the luminous map at the time of the Chrun-si to the front side of the Free Village located in the same Ri, at approximately 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

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 sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the crime, etc., are equally considered in light of the degree of alcohol concentration, driving background and distance, the records of punishment for the same kind of crime during the sentencing reasons of Article 62-2 of the Criminal Act, and the sentence against the Defendant is determined and the order to provide community service and attend lectures is added based on reflect and reflect.