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(영문) 창원지방법원 통영지원 2017.11.15 2017고단1069
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

[criminal records] The defendant was issued a summary order of 70,000 won for the same crime from March 5, 2008 to the same crime in the Changwon District Court's territorial branch on August 10, 2007 as a crime of violating the Road Traffic Act (drinking driving).

[2] On July 12, 2017, the Defendant driven B clock vehicle under the influence of alcohol content of 0.072% without obtaining a driver’s license from the section of approximately 600 meters from the front day of the commercial building in order to the road in the same Dong, which is an attempted Dong at the time of through Dong on July 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol and the statement in the circumstances of the driver;

1. Reports on internal investigation and investigation reports (report on the situation of the driver who is placed in driving and confirmation of the distance of the person who is driven by the driver);

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Photographs of a motor vehicle under drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related statutes;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense (unlicensed driving) of the relevant Act; Article 148-2 subparag. 1 and Article 44 subparag. 1 of the relevant 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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