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(영문) 창원지방법원 통영지원 2016.04.07 2015고단1205
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

On October 12, 2010, the Defendant issued a summary order of KRW 2,00,000,000 as a fine for a violation of road traffic law in the Changwon District Court’s Tongwon District Court’s Tong-gu branch on January 7, 201, a fine of KRW 2,00,000 as a crime of a violation of road traffic law (toxicly Driving) and a violation of road traffic law (non-licenseless Driving), and on March 9, 201, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (non-licenseless Driving) and a violation of road traffic law (non-licenseless Driving).

On November 26, 2015, the Defendant, who has violated the Road Traffic Act (drinking) two or more times, driven a motor vehicle with approximately 100 metres B 110 meters away from the same month, in a state of alcohol alcohol concentration of about 0.100% in blood without obtaining a driver's license around 01:08 on November 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 defendant was sentenced to three times a fine due to the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking and driving without a license, and the nature of the crime is not good, and the defendant's age, occupation, sex, and circumstances before and after the crime of this case, etc. are considered as having determined the punishment as ordered for the same reason.

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