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(영문) 창원지방법원 통영지원 2016.09.23 2016고단1097
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] The Defendant was issued a summary order of KRW 2,50,000 on September 19, 200 with a fine of KRW 2,50,00 for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu District Court’s branch on September 19, 208; the summary order of KRW 4,00,000 for a violation of the Road Traffic Act (driving) in the same court on January 16, 2013; and the Defendant was issued a summary order of KRW 5,00,000 for the same crime in the same court on April 11, 2016; and the same criminal records are four persons with the same criminal records.

[2] On May 31, 2016, at around 16:04, the Defendant driven CM5 vehicles under the influence of alcohol concentration of about 0.190% while under the influence of alcohol while driving a cM5 vehicle, without obtaining a driver’s license, from the front day of the mutual influence studal studio, to the front day of the mutual studal studal studal studal studal stude, which is located in the light drawing stude in common.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 20

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;

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