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(영문) 창원지방법원 통영지원 2019.10.10 2019고단793
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 Justice] On October 6, 2018, the Defendant was under the influence of alcohol with a blood alcohol level of 0.110% on the front side of the Madon Madon Madon Madon Dog-si, and the Defendant was under the influence of alcohol level of 0.183% on January 16, 2019, and the Defendant was under the influence of alcohol level of 0.183% on the front side of the Madon Madon Dag-si, and was under the influence of alcohol level of 0.183% on May 16, 2019, and was under the control and became final and conclusive on May 24, 2019.

【Criminal Facts】

1. On May 7, 2019, the Defendant violated the Road Traffic Act (driving) two or more times, and driven a Gsch Rexton car under the influence of alcohol level of about 0.219% from the 1.6km section from May 7, 2019 to the Furth road in the E-road D at macro-si on May 10:15, 201.

2. On May 7, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a Gsch-ton car without obtaining a driver’s license in approximately 14.6 km section from the front of the CH to the front of the C of the CV at the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. The actual condition survey report;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.

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