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창원지방법원 통영지원 2016.08.11 2016고단784
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than nine 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 March 11, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Changwon District Court through the Changwon District Court on March 11, 2009, a summary order of KRW 2 million for the same crime in the same court on August 4, 2011, and a summary order of KRW 7 million for the same crime in the same court on April 11, 201.

Criminal facts

On May 30, 2016, the Defendant driven a car in the state of alcohol 0.117% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around 2 km to the Gyeongnam Energy Road located in the same city, from the gallon road in the galleeeeeec Yaeeecdong on May 30, 2016 to the Gyeongnam Energy Road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of driving of drinking alcohol, and report of the circumstances of driving of drinking alcohol;

1. Details of disposition on cancellation of driver's license and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report accompanied by the summary order of the same paper attached thereto);

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. The Defendant, on April 11, 2016, was sentenced to a summary order of KRW 7 million due to a crime of violating Road Traffic Act (driving in drinking), and at the time when two months have not yet passed since the Defendant was issued a summary order on April 11, 2016, taking into account the Defendant’s age, occupation, sex, family relation, circumstances leading to this case’s crime, circumstances leading to this case’s crime, etc., and the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the instant crime.

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