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(영문) 창원지방법원 통영지원 2016.04.28 2016고단181
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 August 11, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court through the Changwon District Court on August 11, 2006 as a crime of violating the Road Traffic Act (drinking). On March 12, 2007, the same court issued a summary order of KRW 6 million by the same court on September 29, 2009 as a crime of violating the Road Traffic Act (drinking).

Criminal facts

Although the Defendant had been punished four times as a crime of violating the Road Traffic Act, on February 22, 2016, the Defendant driven a Bbee cruise car without a driver’s license, while under the influence of alcohol leveling 0.097% from approximately 50 meters from the 50m section of alcohol level to the front road of the Republic of Korea, located in the same rith from the marg of the marg of the marg map at the time of driving on February 23:2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written inquiry about the results of regulating driving of a motor vehicle and the driver's license register;

1. Application of each summary order Acts and subordinate statutes;

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. In addition, the defendant was sentenced to a four-time fine due to the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking and driving without a license, and the nature of the crime is not good, and the defendant's age, occupation, sex, and circumstances before and after the crime of this case, etc. are considered as having determined the punishment as ordered for the same reason.

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