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(영문) 창원지방법원 2017.06.15 2017고단746
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 11, 2013, the Defendant was sentenced to a summary order of KRW 4,00,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 17, 2015, and was sentenced to a summary order of KRW 4,50,000 to a fine of KRW 4,50,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 17, 2015, and on December 2, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Changwon District Court on May

[2] On December 19, 2016, the Defendant driven a F K3 car under the influence of alcohol level of 0.095% while under the influence of alcohol level of 0.095% without a vehicle driver’s license from a section of about 5 km from the Defendant’s home, which is located in the window E of Changwon-si, Changwon-si, to the front day of the house located in the same Dong-dong located in the same Dong-dong, Dong-dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven the said vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: A written inquiry about criminal history, investigation report (a summary order accompanied by summary order), case summary information, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

The defendant was in the past.

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