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(영문) 창원지방법원 통영지원 2018.06.07 2018고단483
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 April 29, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Changwon District Court’s branch on April 29, 2016, and a summary order of KRW 3,50,000 as a fine in the same court on January 11, 2018.

[Criminal facts] On April 6, 2018, the Defendant driven B rocketing car under the influence of alcohol leveling of about 0.106% without obtaining a driver’s license from the front side of the Dong-gun, Chungcheongnam-gun, Dong-gun, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, to the front side of the high-speed water supply and sewerage construction business in the same military area, from around 10km to the road in front of the same military area.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

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 sentencing of Article 62-2 of the Criminal Act, including the observation of protection, the record of the same crime committed by a defendant, the reason why the defendant was driven, the reason why the defendant was driven, the degree of his driving, the time when the crime was committed and his reflects on the crime, and other conditions of various sentencing as shown in the pleadings, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

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