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(영문) 창원지방법원 통영지원 2018.01.26 2017고단1804
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 18, 201, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (driving), etc. at the Changwon District Court's Yongsan Branch's branch on July 18, 201, and on January 22, 2016, the Defendant was sentenced to 6 months of imprisonment and 1 year of suspension of execution, including 8 persons with the same criminal history.

[Criminal facts]

1. On September 15, 2017, at around 20:15, the Defendant driven CM7 car under the influence of alcohol with approximately 0.125% alcohol level while under the influence of alcohol, without obtaining a driver’s license, from the front side of a bus terminal located in a Ri screen in Gyeong-gun, Gosung-gun, Chungcheongnam-gun, the same Gun, from the front side of the bus terminal to the outside side of the road of the same 15km-dong, and without obtaining a driver’s license.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. On December 5, 2017, at around 10:00, the Defendant driven a CMF7 car without obtaining a driver’s license from around 50km to the front road of the CMF7 car at around 15:08, the CMF7 car at a section of about 50km in the direction of the main road of the CMF, located in the CMF-si, Chungcheongnam-si, Chungcheongnam-si, Changwon-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver employed at the State, report on the situation of the driver employed at the State, inquiry of the results of crackdown on the driving of alcohol, and details of inquiries about management of the report on detection of each State;

1. The register of teas and driver's licenses;

1. Each report on investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the same type of crime), and statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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