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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1996

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

Reasons

Punishment of the crime

[criminal history] On November 25, 2010, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), etc. at the Jung-gu District Court, and on October 31, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime.

[2] On December 3, 2016, at around 09:35, the Defendant driven B rocketing vehicles under the influence of alcohol concentration of about 0.104%, without obtaining a driver’s license from the apartment parking lot located in the Gocheon-dong, Gocheon-dong, Gocheon-ro, 77mn-ro, the same Gu from the apartment parking lot to the front road of the sub-lease of the naval Bases headquarters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (formerly previous and conclusive);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (which has been punished three times for driving alcohol, but is not driving immediately after drinking, but it has been controlled by invasion, and there is room for consideration in the circumstances, and the defendant is against the law;

the defendant must support his family, etc.

1. It is so decided as per Disposition on the grounds of protection observation, attendance order and community service order under Article 62-2 of the Criminal Act or more;