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(영문) 창원지방법원 통영지원 2015.06.24 2015고단326
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

In May 18, 201, the Defendant had a record of receiving a summary order of KRW 6 million for the same crime from the same support on July 30, 2013, and from the same support on February 12, 2015 to the same crime, the Defendant has received a summary order of KRW 1 million from the Changwon District Court through the Changwon District Court on May 18, 201.

Criminal facts

On April 4, 2015, the Defendant, who had been punished for drinking driving two or more times, driven a B-ro car without a driver’s license from the front side of the bus terminal in the ancient city, at around 00:45 on the same day from April 4, 2015 to the front road of the apartment at the ancient city, with a blood alcohol concentration of about 0.126% from the 300-meter section to the front road of the apartment at the large city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

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

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

1. Determination of the sentence of Article 51 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Criminal Act, including community service and lecture attendance order, the blood alcohol concentration and distance, the history and distance of driving, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment and circumstances after the crime, shall be imposed on the defendant.

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