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(영문) 창원지방법원 통영지원 2018.01.16 2017고단1655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a crime of violating road traffic law in the Changwon District Court's Tong-won District Court's Tong-gu branch on September 24, 2013, and a fine of KRW 2 million for a crime of violating road traffic law in the Changwon District Court's Tong-gu branch on August 4, 2006, and three times of drinking driving power and three times of non-licensed driving power.

Criminal facts

On October 16, 2017, the Defendant, without a driver’s license of a vehicle at around 22:20, driving a C vehicle at a section of about 500 meters from the Si-si through the Si-si under the influence of alcohol level of 0.09% in the blood while drinking at least two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. Each investigation report and internal investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (3), Article 44 (1), and Article 152 (1) and Article 43 of the Road Traffic Act concerning the 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 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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