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(영문) 창원지방법원 통영지원 2016.12.21 2016고단1651
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 power] On May 12, 2010, the Defendant issued a summary order of KRW 3.5 million to the same court on March 14, 2016 as a crime of violation of the Road Traffic Act in the Changwon District Court’s through the Changwon District Court’s Tong branch on May 12, 201, respectively.

【Criminal Facts】

On October 23, 2016, at around 21:49, the Defendant driven a B-hand car with a blood alcohol concentration of 0.134%, without obtaining a driver’s license, from around about 50 meters in a section of approximately 50 meters to the front of the C-Oindo in the front of the C-Oindo.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Details of driver's license revocation;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, degree and distance of alcohol level, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, shall be determined by comprehensively considering the Defendant’s age, character and behavior, and the order to provide community service

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