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(영문) 창원지방법원 2017.10.25 2017고단2271
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal Records] Violation of Road Traffic Act (Drinking in 2013): A fine of five million won for a violation of Road Traffic Act (Drinking in 2016): The Defendant 5 million won / [criminal facts] A while under the influence of alcohol level of 0.102% in blood without a driver’s license, the Defendant / Around May 9, 2017, driving CM5 car at a section of about 500 meters in front of a mutually influent restaurant at the window of Changwon-si, Changwon-si to the front day of the same night.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and the application of statutes governing criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. The sentence of imprisonment with prison labor for one year and six months: The grounds for aggravating the amount of punishment under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment: The confession, the vehicle disposition, the health of a person who has been sentenced to imprisonment with prison labor for a period of one year and six months: The causes for aggravating the amount of a traffic accident, the degree of alcohol during high blood, the short term of a crime, the same criminal records (=the two preceding years in the judgment, the fine of three million won for driving under the influence of alcohol in 2012, and other three times).

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