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(영문) 창원지방법원 통영지원 2016.07.06 2016고단486
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[criminal history] On September 5, 2014, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 2.5 million by the same court as the same crime on June 15, 201, and on June 4, 2015, the same court was sentenced to two years of suspension of the execution of six months of imprisonment for a violation of the Road Traffic Act (refluence of alcohol measurement) in the Changwon District Court’s Tong Branch Branch branch branch on September 5, 2014, and the said judgment became final and conclusive on June 12, 2015.

[2] On February 19, 2016, the Defendant driven at B City 100 Oralba, without obtaining a motor device license, under the influence of alcohol level of 0.079% from the front day of the model down of the apartment house model fluora, a low-proof fluora, which is located in the luminous (e.g., g., the luminous (e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Each report on investigation;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant’s blood alcohol concentration, degree and distance of driving, the records of punishment for the same kind of crime, disregarding the legal order, and repeating drinking and non-licensed driving, even though having been placed several times, the instant case also constitutes a second offense during the period of suspension of execution, and taking into account the Defendant’s age, sex behavior, environment, and conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime.

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