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(영문) 창원지방법원 2019.02.13 2018고단3561
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On March 25, 2014, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 25, 201, and was sentenced to a suspended sentence for ten months in the same court on October 18, 2017, and was sentenced to a suspended sentence for the same crime on October 26, 2017.

【Criminal Facts】

The Defendant, without a driver’s license, driven at approximately 800 meters from the Do before the Defendant’s home to the front road located in C, while under the influence of alcohol level of 0.093%, and around 11:20 on December 2, 2018, the Defendant driven at approximately 800 meters from the Do before the Defendant’s home to the Do in the front road in C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

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

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

1. Imprisonment with prison labor chosen;

1. For the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation: Imprisonment with prison labor for one year: The reason of aggravated punishment for ten months: Confession of a crime during the period during which the punishment is suspended, the degree of high blood alcohol level, etc.: confession, vehicle disposition, modeling, difficult care, etc.;

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