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(영문) 창원지방법원 통영지원 2020.04.06 2020고단52
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 August 2, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on August 2, 2017.

【Criminal Facts】

1. Around 15:00 on December 19, 2019, the Defendant driven a motor vehicle for the Esp-type without obtaining a driver’s license from a 5km section from the building B at the time of through through through a city to the front day of the D cafeteria located in through through a city.

2. On December 19, 2019, the Defendant, while under the influence of alcohol, was in violation of the Road Traffic Act and the provisions of the Road Traffic Act (driving without a license). However, on December 23:28, 2019, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol with a level of about 1.5 km from the front of a D cafeteria located in Tong-si C to the F apartment in the front of the F apartment at the time of Tong Young-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Application of three copies of the statement on criminal history records, the summary order, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One year to three years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: One year and two months of imprisonment with prison labor, and two years of suspended sentence (40 hours of study in the quasi-driving lecture) are relatively low in blood alcohol concentration, circumstances leading to drinking, and the fact that the defendant seems to repeat without a license.

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