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(영문) 창원지방법원 통영지원 2017.04.19 2017고단149
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

On November 8, 2010, the Defendant was sentenced to a fine of 3.5 million won due to a violation of road traffic laws (drinking) in the Changwon District Court’s branch branch on November 8, 2010, and on March 31, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws (drinking) and was sentenced to a suspended sentence of one year for a violation of road traffic laws in the same court on March 31, 2016, and was sentenced to a suspended sentence of one year on April 8,

On January 8, 2017, the Defendant driven C Poter Cargo with approximately 500 meters alcohol concentration 0.08% while under the influence of alcohol level 0.08% without obtaining a driver’s license in the section from the front road of the C Poter in the C Poter, the C Poter, the C Poter, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol, statement of the situation of the driver driving, ledger of driver's license, and details of revocation of driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment and attachment of summary order);

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. 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. The reason for sentencing under Article 62-2 of the Criminal Code, including an order to attend a lecture, or an order to attend a lecture, committed again the instant crime without being aware of the fact that the Defendant had been under suspension of the execution of imprisonment for the same crime, and the same crime committed by the Defendant under suspension of the execution of imprisonment, is the case where the Defendant was under the influence of alcohol and inflicted an injury on five persons due to the shock of the motor vehicles that the Defendant was under the influence of alcohol, and thus, may cause a danger to the life and body of other persons.

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