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(영문) 창원지방법원 통영지원 2016.09.29 2016고단250

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On June 11, 2015, the defendant of "2016 Highest 250" was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the territory of the Changwon District Court on June 11, 2015 and was sentenced to two years of suspended execution for October 19 of the same month, and is still under suspended execution.

On December 29, 2015, at around 23:55, the Defendant driven Cworka car under the influence of alcohol concentration of about 0.113% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front day of the string of the string in front of the string of the string to the front day of the string in Yongnam-do, the front day of the string in front of the string to the front day of the string in the same city.

around 08:15 on January 24, 2016, the Defendant heard the bath from the victim D (54 tax) on the roads near the Seoho market service center located in the 58-9 Dok-gu, Sinyoung-si on January 24, 2016, and led the victim to a lid of plastic water where he was placed in the Dok-si and a lid of the victim's head at the 1st time, the Defendant 2nda of the two weeks of the victim's head, which requires approximately two weeks of treatment.

Summary of Evidence

"2016 Highest 250"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. "Motor vehicle driver's license ledger 2016 Highest 949";

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a medical certificate;

1. Application of the Act and subordinate statutes to the investigation report (Attachment to photographs), investigation report (specific suspect);

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 257 (1) of the Criminal Act (the point of driving without a license), Article 257 (1) of the Criminal Act, the selection of punishment for imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of recommending punishment) and the basic area (from April to January 1) (no person who has any special sentencing factors) of the First Class (General Bodis).

(b) A violation of traffic law on roads;