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(영문) 창원지방법원 통영지원 2018.01.31 2017고단1648

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong-gu branch on June 8, 201, and on December 8, 2016, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act in the same court on December 8, 2016, and was sentenced to a fine of five million won for a crime of violating the Road Traffic Act.

[2] On October 28, 2017, the Defendant driven a B-te motor vehicle under the influence of alcohol content of at least 0.062% without obtaining a driver’s license from the three - range range on the road in the ancient city of Gyeongnam-si, Gyeongnam-si to the front road in the Gyeongnam-si, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, and investigation report (report on the circumstances of the driver of drinking alcohol);

1. Details of driver's license revocation;

1. Previous convictions in judgment: Details of inquiries about the primary detection and management of such reports, replys to inquiries, such as criminal history, and application of the statutes of investigation reports;

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. An order to attend a course under Article 62-2 of the Criminal Act;