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(영문) 창원지방법원 통영지원 2015.04.29 2015고단65
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 2, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Daegu District Court, and a summary order of KRW 2 million as a fine at the Busan District Court on July 23, 2013, respectively.

At around 00:20 on January 14, 2015, the Defendant driven a C low-speed car with a blood alcohol concentration of about 0.074% while under the influence of alcohol without obtaining a driving license from around 30 meters to the roads in front of the Samsung Securities.

Summary of Evidence

1. Defendant's legal statement;

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

1. License register;

1. Previous convictions in judgment: References to criminal records, investigation reports, and application of summary order statutes;

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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

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 – Reasons for sentencing under Article 62-2 of the Order to Provide community service or attend lectures - Circumstances favorable to traffic accidents: The fact that the blood alcohol concentration does not constitute grounds for revocation of license, and the fact that the blood alcohol concentration does not constitute grounds for revocation of license, and that the vehicle owned by

(k) Unfavorable circumstances: The fact that a person drives a motor vehicle without a license while driving the motor vehicle, and the fact that he/she was punished for the same kind of crime several times but lacks compliance consciousness repeatedly for the crime of this case

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., are determined by taking account of the sentencing conditions of Article 51 of the Criminal Act, and a community service order and an order to attend a lecture are added

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