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(영문) 창원지방법원 통영지원 2018.06.07 2018고단425
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 20, 2017, the Defendant received a summary order of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic laws at the Seoul Eastern District Court, and a fine of KRW 5 million due to a violation of road traffic laws at the Seoul Northern District Court on January 31, 2018.

[2] On March 16, 2018, the Defendant driven a motor vehicle with a alcohol content of approximately 0.095% while under the influence of alcohol without a motor vehicle driver’s license at a section of approximately 700 meters from the front line of Pyeongtaekdong Samsung Heavy Industries to the front line of the same sea guard box in the same sea guard.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of crime);

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. The sentencing of Article 62-2 of the Criminal Act, including the observation of protection, the record of the same crime committed by a defendant, the reason why the defendant was driven, the reason why the defendant was driven, the degree of his driving, the time when the crime was committed and his reflects on the crime, and other conditions of various sentencing as shown in the pleadings, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

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