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(영문) 창원지방법원 통영지원 2018.06.05 2018고단327
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 22, 2014, the Defendant violated the prohibition on drinking, such as a fine of two million won due to a violation of road traffic law (drinking driving) in the Changwon District Court’s territorial branch on September 29, 2016, and a fine of three million won due to a violation of road traffic law (drinking driving) in the Changwon District Court’s territorial branch on September 29, 2016.

On March 10, 2018, at around 23:45, the Defendant driven a motor vehicle with C low-water vehicle without obtaining a driver's license in the state of alcohol concentration of about 0.063% from the 3km section to the front side of the second ridge in front of the ridge, which is in front of the ridge, in front of the ridge C, in a sloping-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of the crackdown on drinking alcohol, the report on the situation of the driver who takes the driving, the investigation report (the report on the situation of the driver who takes the driving), the report on the situation of the driver who takes the driving

1. Previous convictions in judgment: Application of investigation reports (as to drinking records), references to inquiries, such as criminal history, and Acts and subordinate statutes (A), investigation reports (as to the previous records and reports on the binding of judgment);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing has been repeated) is as follows: (a) although there are several times the criminal records of drinking and non-exclusive license, there are no criminal records exceeding the fine; (b) the defendant’s age, sex, environment, health conditions, circumstances leading to the crime, means and consequence, etc.; and (c) the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as the order.

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