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(영문) 창원지방법원 2019.01.16 2018고단2634

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal Power] Violation of the Road Traffic Act (Drivinging in 2009): A fine of 1.5 million won (driving in 2015): A fine of 1.5 months (driving in 2015): imprisonment with prison labor; a fine of 2 years (criminal fact); the Defendant was under the influence of alcohol level of 0.084% without a driver’s license; the Defendant was under the influence of alcohol level of 0.084%; and around 00:08 September 12, 2018, from the front of a cafeteria high school adjacent to the Chigh School located in Kimhae-si B to the front apartment road at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

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

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

1. Imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation: Imprisonment with prison labor for one year: The degree of unpaid blood alcohol for a low period of six months, the risk of driving without obtaining a license, accumulated previous convictions for the same kind of punishment (six times in total = confessions, dependants (the wife, out of university students, and children), poor rehabilitation, etc.;