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(영문) 창원지방법원 통영지원 2016.04.28 2016고단186
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 August 6, 2014, the Defendant issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s Tongwon District Court’s territorial branch on August 6, 2014, and a fine of KRW 1.5 million for the same crime in the same court on March 9, 2012.

Criminal facts

On February 21, 2016, at around 21:50, the Defendant driven B Poter II cargo while under the influence of alcohol leveling 0.096% while under the influence of alcohol leveling 0.096%, without obtaining a driver’s license for a vehicle from the front day of yellow singing to the front day of the same Ri to theless village located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on drivers of drinking alcohol and a written inquiry about the results of crackdown on drinking driving;

1. Registers of driver's licenses and detailed statements of revocation;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to a summary order of the same kind of power) and statutes;

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 defendant was sentenced to three times a fine due to the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking and driving without a license, and the nature of the crime is not good, and the defendant's age, occupation, sex, and circumstances before and after the crime of this case, etc. are considered as having determined the punishment as ordered for the same reason.

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