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(영문) 창원지방법원 통영지원 2015.12.16 2015고단983

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On April 29, 2014, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court, and a fine of KRW 1,50,000 as a fine at the Busan District Court on August 12, 2015, respectively.

【Criminal Facts】

On October 10, 2015, the Defendant driven a B-Scar car owned by the Defendant without obtaining a driver’s license in the section of approximately 1k alcohol level 0.11% under the influence of alcohol level 0.11%, from the front of the scar apartment, which is located in the B-Sa-dong, Sin-dong, Sin-si, Sin-si, Sin-si to the front of the cultural loan located in 279-3, Sinyoung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the sentence of Article 51 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Criminal Act by taking account of the defendant’s blood alcohol concentration, the degree and distance of driving, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment and circumstances after the crime, and addition of the order of community service and the