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(영문) 창원지방법원 통영지원 2015.09.02 2015고단531
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

[criminal power] On October 1, 2014, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on October 1, 2014, and KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on April 2, 2015.

【Criminal Facts】

On March 22, 2015, around 01:35, the Defendant driven a B rocketing car under the Defendant’s name while under the influence of alcohol content 0.169%, without obtaining a driver’s license, at a distance of about 2 meters in front of “mast entertainment tavern” located in 157 in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses and detailed statements of the cancellation thereof;

1. Before judgment: References to criminal records, references to criminal records, amounts of dispositions and reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (former records and filing of summary orders);

1. Relevant provisions of Article 148-2 (2) 2, 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 (the punishment heavier than that provided for the crime of drunk driving shall be punished, and choice of imprisonment shall be imposed);

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

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, the degree and distance of driving, the record of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally considered and the sentence against the Defendant is determined and the order to provide community service and attend lectures is added due to reflective and sexual reflection.

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