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(영문) 창원지방법원 2016.11.24 2015고단2678
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 became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2013, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Changwon District Court Branch on September 17, 2013, and a summary order of two million won for a violation of the Road Traffic Act at the Changwon District Court on March 16, 2015.

The defendant is obvious that " September 1, 2015." of the facts charged on September 4, 2015 is a clerical error.

Around 00:10, a person driving B K3 cars under the influence of alcohol with a blood alcohol concentration of 0.085% without obtaining a driver's license in approximately 15km section from the front of the tin electric street in the Changwon-si, Changwon-si, Changwon-si to the front road in Sungwon-si, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);

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. A suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following factors: (a) details and distance of the reason for sentencing; (b) degree of drinking alcohol; and (c) history of the crime and location; and (d) the fact that the trial

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