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(영문) 창원지방법원 2016.10.28 2016고단2632
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

Punishment of the crime

On October 27, 2006, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on May 6, 2013.

On July 2, 2016, at around 05:10, the Defendant driven a Category B tea without obtaining a driver’s license with a blood alcohol concentration of about 20 meters from a section of approximately 20 meters to a 0.200% under the influence of alcohol level on the roads in front of a sson shop located in the Sungnam-dong, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime in the judgment of the court below, committed the crime of this case again under the same type of without a license even though he had the record of being sentenced to a fine more than once, as well as the record of having been sentenced to a fine for violating the Road Traffic Act on the last two occasions. The blood alcohol concentration at the time of driving under the influence of alcohol in this case is very high as well as the fact that a traffic accident has caused physical

However, the defendant is deeply divided and reflected in his mistake, and the defendant is the defendant.

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