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(영문) 창원지방법원 통영지원 2017.11.02 2017고단1092
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 6, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law in the Changwon District Court through the Changwon District Court on September 6, 2016, and the same court on May 17, 2017 issued a summary order of KRW 3 million for a crime of violating road traffic law (driving driving) and was punished twice by drinking.

[Criminal facts] On July 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 06:38, driving a motor vehicle at the 2km section from around 2km to the 2km road in the city of Am-dong in the city of Am-dong in the state of under the influence of 0.094% alcohol during blood, from the front of the restaurant to the front road of the State of Am-dong in the city of Am-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order of drinking driving force);

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 The reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture was revoked due to the driving of drinking, and there was a record of criminal punishment of fines twice due to driving of drinking, but the driving of a motor vehicle without a driver's license was committed in the state of drinking.

However, it is against the defendant's recognition of his own crime and there is no record of criminal punishment heavier than a fine.

The records of this case, such as alcohol concentration, driving distance, and age, sex, environment, motive, means and result of the crime, and circumstances after the crime, and the changes of the records of this case.

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