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(영문) 창원지방법원 통영지원 2017.11.03 2017고단1187
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 30, 2007, the Defendant was issued a summary order of KRW 500,000,000 for a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking in drinking), a summary order of KRW 2 million for the same crime from the same support on May 13, 2011, and a summary order of KRW 5 million for the same crime from the same support on August 23, 201, respectively.

[2] On June 7, 2017, the Defendant was punished for a violation of the Road Traffic Act (driving) more than twice, and driving a motor vehicle with a maximum of 100 meters volume CRanon-car from the front of 104 Docheon-dong, Docheon-si, under the influence of alcohol leveling 0.164% in the blood, without obtaining a driver's license around 16:40 on June 7, 2017, and driving a motor vehicle with a maximum of 100 meters volume CRanon-car from the front of 104 Docheon-dong, 104 Do-dong, 14, and 15 Ra.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case, report on the situation of the driver taking the driving, and notification of the result of regulating drinking;

1. Registers of driver's licenses and details of disposition of cancellation thereof;

1. A report on investigation, on-site photograph;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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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