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(영문) 창원지방법원 통영지원 2017.05.17 2017고단83
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 13, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a crime of violation of road traffic law, and a fine of KRW 4 million from the same court through the same court on September 29, 2016 to the same crime.

[2] On December 11, 2016, the Defendant driven a BFD car under the influence of alcohol with about 0.13% alcohol concentration at around 0.13%, without obtaining a driver’s license, from the section of about 4km in the same military, from the front of a fash cafeteria restaurant near the Dong-dong, Gyeongnam-gun, Gyeongsung-gun, the Defendant, at around 14:45 on December 11, 201 to the 1-1st road in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger, a report on detection of the driver himself/herself, and a report on the circumstances of the driver's license;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, including an order to attend a lecture or an order to provide community service order, is that the Defendant was sentenced to a fine due to the crime of drinking alcohol driving on September 29, 2016, and the Defendant operated the same motor vehicle for not less than three months and thereby commits the crime of drinking alcohol and driving without a license, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively considered, and the sentence shall be determined as per the order.

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