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(영문) 창원지방법원 통영지원 2016.01.28 2015고단1015
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on July 15, 2008, a fine of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court on July 28, 2008, and a fine of KRW 700,000 for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court's Dong Branch Branch on July 21, 2008, and on September 16, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court's Busan District Court's Busan District Court's Branch on July 12, 201, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (Non-licensed Driving) at the Busan District Court's Branch on July 11, 2015.

On October 12, 2015, the Defendant: (a) was a person who violated the Road Traffic Act more than twice, and (b) was under the influence of 0.067% of alcohol during blood without obtaining a driver’s license on around 23:15 on October 12, 2015; (c) was driving a B-hand motor vehicle in front of the road in the Southern-gu, Busan (U.S.) in front of the public center located in the Young-gu, Busan (U.S.); and (d) was driving a motor vehicle in front of the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on the result of confirmation of the previous convictions in the disposition), and summary order-making Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in a crime of violating traffic laws heavier than punishment and the selection of imprisonment);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records of this case, including the Defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, etc.

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