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(영문) 창원지방법원 통영지원 2019.01.30 2018고단1310
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 power] The Defendant is a person who received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court’s branch on June 7, 2018, two times the record of drinking driving and three times the record of driving without a license.

【Criminal Facts】

On October 2, 2018, at around 23:29, the Defendant, without a car driver’s license, driven a fcode car from approximately 500 meters to the front road located in D, in front of a restaurant located in Tong-si B, under the influence of alcohol by 0.12% of blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on detection of the driver, the investigation report (report on the circumstances of the driver), and the investigation report; and

1. Registers of driver's licenses and details of cancellation thereof;

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. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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