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(영문) 창원지방법원 2016.11.03 2016고단2898
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2012, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Changwon District Court on November 20, 2012, and imprisonment with prison labor for 10 months and 2 years for a suspension of execution with the same court on June 26, 2014.

On May 11, 2015, at around 21:50, the Defendant driven a B-wing truck with a blood alcohol content of at least 0.143% while under the influence of alcohol, without obtaining a driver’s license from around 3km section from the front of the restaurant of “actual house” to the front day of the “heaguk-si, Kimhae-si,” located in the G-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order and attachment of judgment on the same kind of electricity);

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. The following circumstances were taken into account in determining the punishment such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

- Unfavorable circumstances: The records of criminal punishment for the same kind of crime, including one time of probation, were several times, and the period of probation for the same crime was in existence at the time of the crime, and the defendant over the above period was committed by avoiding the appearance of the investigative agency - favorable circumstances such as the confession, reflectment, etc.

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