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(영문) 창원지방법원 통영지원 2015.10.06 2015고단759
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who received a summary order of KRW 1.5 million from the Changwon District Court through the Changwon District Court on June 9, 2010 to a fine of KRW 1.5 million, and a fine of KRW 5 million from the same support to the same crime on July 10, 2014, respectively.

【Criminal Facts】

On August 23, 2015, when the Defendant had been punished twice or more due to drunk driving, on August 23, 2015, at around 23:05, the Defendant driven a B-coo vehicle under the influence of alcohol with a blood alcohol concentration of about 600 meters at approximately 0.152%, without obtaining a driving license from the (or (or (or (or (or) passenger ship terminal located in the (or (or) passenger ship terminal in the (or (or) Mapo-dong in the (or (or) Mapo-si on August 23, 2015 to the front road in the (or (or (or) Mapo-si

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 judgment: Application of a copy of the criminal records and summary order;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant is against his/her will and that he/she has no criminal record of suspended execution or more than a suspended sentence after 195);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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