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(영문) 창원지방법원 통영지원 2019.05.02 2019고단81
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 8, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court’s Tong-gu branch on the following grounds: (a) on April 29, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch branch on April 29, 201; (b) on January 4, 2008, the Defendant was sentenced to a summary order of KRW 70,000 for a violation of the Road Traffic Act (driving) and was sentenced to a summary order of KRW 70,00 for a violation of the Road Traffic Act (driving without a license); and (c) on March

【Criminal Facts】

On December 27, 2018, the Defendant, without obtaining a driver’s license at around 06:40 on December 27, 2018, violated the provision prohibiting driving under the influence of alcohol at least twice, but, on the roads in front of the city under the influence of alcohol at 0.114% of alcohol concentration, the Defendant driven a dchip car from about 5km to the roads front of the 0.7K km of an expressway Daejeon-do, which is located in the same city, from the front of the road under the influence of alcohol concentration at 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, the reasons for sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant's like crime, driving background, driving distance, driving distance, the degree of the principal offender, the time of committing a crime, and the accused's age, character and behavior, environment, motive of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by the same order, taking into consideration various conditions of sentencing under

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