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(영문) 창원지방법원 통영지원 2016.02.05 2015고단1241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 26, 2008, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law in the Changwon District Court's Tong-gu branch on the following grounds: (a) on October 1, 2008, the Defendant was sentenced to a fine of three million won due to the same crime in the same court; and (b) on October 1, 2008, the Defendant was sentenced to a fine of three million won due to

[Criminal facts] On October 26, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.078% while under the influence of alcohol without a motor vehicle driver’s license from the front Do of 21:40 to the beginning of the beginning of the beginning of the year in the beginning of the same city, from the Do of 3km, which is in the middle of the Cropic City, to the beginning of the beginning of the year in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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