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(영문) 창원지방법원 통영지원 2016.11.30 2016고단1337
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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] The Defendant was issued a summary order of KRW 7 million from the same support on February 1, 2012 to the Changwon District Court through the Changwon District Court on December 23, 2010 to a fine of KRW 2 million for a violation of the Road Traffic Act (driving). A person with the same support on February 1, 2012, to a fine of KRW 2.5 million for the same crime, and to a fine of KRW 7 million for the same crime on June 24, 2015, respectively.

【Criminal Facts】

On August 27, 2016, at around 22:00, the Defendant did not obtain a driver's license from the front of the sea water hot spring building located in the Suwon-dong, Suwon-dong, to the roads in front of the Sejong-dong, Suwon-dong, and operated B ASEAN A6 car under the influence of alcohol level of 0.093% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment against the defendant is set by taking account of the defendant's age, character and conduct, environment and circumstances after the crime, etc., and probation and lecture attendance order are added based on reflective and reflectiveness.

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