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(영문) 창원지방법원 통영지원 2018.07.11 2018고단563
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

Punishment of the crime

[criminal history] The Defendant is a person who had six identical criminal records, including the receipt of a summary order of KRW 4 million as a crime of violating road traffic laws in the Changwon District Court’s Tongwon District Court’s branch on August 25, 2014, and a fine of KRW 1,50,000,000,000, in the Changwon District Court’s branch court’s branch court on November 30, 2015.

[2] On April 5, 2018, the Defendant driven B Poter freight under the influence of alcohol content of 0.063% without obtaining a driver’s license from the front of the small head restaurant located in the Seongbuk-gu, Jin-gun, Jin-gun, Jin-gun to the front of the water supply and drainage facility located in the same Eup/Myeon school from around 2km to the front of the water supply and drainage facility located in the same Eup/Myeon.

As a result, the Defendant once again driven a motor vehicle without a driver's license with a person who has 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 the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (related to confirmation of past records of a suspect's drinking not less than twice the driving of drinking alcohol and reporting attaching the same criminal 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. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant was punished by a fine twice due to the crime of driving alcohol and the crime of driving without a license. Meanwhile, the amount of alcohol concentration in blood is relatively high, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the crime are followed.

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