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(영문) 창원지방법원 통영지원 2017.10.11 2017고단900
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 history] On September 8, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in the Busan District Court’s branch branch branch branch on September 8, 2008, and on March 22, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime from the Changwon District Court’s branch branch on March 22, 2012.

[ 범죄사실] 피고인은 2017. 6. 2. 04:10 경 자동차 운전면허를 받지 않고, 혈 중 알콜 농도 0.22% 의 술에 취한 상태로 전라남도 완도군 완도읍 해변공원로 깻잎 통닭 가게 앞길에서부터 같은 읍 장보고대로 247 특산물 직판장 앞길까지 약 1.5km 구간에서 B 마 티 즈 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an on-site photograph of a traffic accident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Investigative report (Attachment to an inquiry report on driving without a license), inquiry letter, such as criminal history, and application of Acts and subordinate statutes of the same kind of judgment;

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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