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(영문) 창원지방법원 거창지원 2016.11.02 2016고단362
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On November 15, 2006, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Changwon District Court's Changwon Branch's branch on March 28, 2008, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the same court on September 30, 201, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 3.5 million by the same court on August 26, 201, respectively.

On September 8, 2016, at around 23:10 on September 23:10, 2016, the Defendant, without obtaining a driver’s license, driven C Poter Cargo Vehicles with approximately 0.11% of alcohol alcohol concentration around approximately 500 meters from the 111-ro, Chang-gu, Chang-gun, Chang-gun, Seoul, to the roads near the 111-ro 2-gil of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report (violation of the Road Traffic Act), and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (Attachment to previous records and copies of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant has no criminal record of a stay of execution or more, and the fact that the defendant is obliged to support his/her family);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Probation, community service order, or order to attend lecture under Article 62-2 of the Criminal Act (Disposition to be put on probation in order to prevent recidivism of the accused and to provide the accused with an opportunity to reflect his/her resistance, and Order to attend community service and compliance driving lecture);

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