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(영문) 창원지방법원 통영지원 2017.11.22 2017고단1306
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment 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 history] On June 8, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Tongwon District Court’s branch on the same day, and a summary order of KRW 5 million for the same crime from July 21, 2016 to the same support.

[2] On July 21, 2017, the Defendant, who was punished for a violation of the Road Traffic Act (drinking driving) not less than twice, driven a vehicle under the influence of alcohol level of about 0.241% while under the influence of alcohol level of 0.241% while driving a vehicle under the influence of alcohol level of about 20km, without obtaining a driver's license, from the front side of the Don China House to the front side of the Donsung-gun, Gosung-gun, Gosung-gun, Gosung-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, a report on the circumstances of the driver at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to the suspect's three-time driving of drinking alcohol, previous convictions in the same kind and confirmation);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service, despite the fact that the Defendant had been punished six times by a fine due to the same drinking driving and the crime of non-licensed driving by 2016, again committed each of the instant crimes. The amount of alcohol concentration in the blood at the time of the instant crime is very high, while the Defendant is in depth, and other conditions of sentencing prescribed by Article 51 of the Criminal Code, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime.

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