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(영문) 창원지방법원 통영지원 2017.11.03 2017고단1190
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On January 2, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court’s Tongwon District Court’s branch on January 2, 200, and a summary order of KRW 7 million for the same crime, etc. on December 15, 2014, respectively.

[2] The Defendant, who was punished for a violation of the Road Traffic Act (driving) not less than twice, was driving a motor vehicle at around 21:45 on July 29, 2017, without obtaining a driver’s license. While under the influence of alcohol at least 0.253% in blood, the Defendant driven a motor vehicle with a volume of approximately 200 meters high from the front day of the Sejong-dong farm at the city, to the front day of the road at the same Dong-dong model, to the front day of the Dong-dong model at the same level.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Track records of damaged vehicles;

1. Each report on investigation;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, 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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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