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(영문) 창원지방법원 통영지원 2014.07.16 2014고단192
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 power] On September 14, 2009, the defendant was sentenced to a summary order of 1.5 million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 14, 2009, and was sentenced to a suspended sentence of 8 months for the crime of violation of the Road Traffic Act in March 29, 2010. On November 14, 2013, the defendant was sentenced to a suspended sentence of 5 million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on November 14, 2013.

【Criminal Facts】

On March 7, 2014, at around 23:28, the Defendant, at around 23:28, driven a C-do motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration 0.081% while under the influence of alcohol without obtaining a driver’s license from the front day of a mutually influent drinking house, which is located in the luminous bamboo thicker drawing, through the Gyeongnam-si, Seoul Metropolitan City, to the front day of the G-do Office of Agricultural, Agricultural, and Fisheries, the G-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Before ruling: Criminal records, list of related cases, and application of two copies of written rulings to two Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the defendant has been punished for drinking without a license throughout several times, but again, the defendant needs to have a strict punishment against the defendant by saving the crime of driving without a license for drinking in this case.

However, the defendant's confession of the crime of this case and reflects his depth, and scrapped the vehicle that has been operated and does not repeat again.

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