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(영문) 창원지방법원 통영지원 2017.12.15 2017고단1686
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic law at the Changwon District Court on June 1, 2017

9. The above judgment has become final and conclusive, and the same year.

7. A person with a total of six times of criminal records, including a final and conclusive judgment on the 28th day of the same month, who was sentenced to a suspended sentence of one year of imprisonment with prison labor for the same offense in the territory of the Changwon District Court in 20.20.

[2] On October 8, 2017, the Defendant driven CM520 vehicles at a section of approximately 300 meters from the village located at the lower west in the city under the influence of alcohol content 0.184%, without obtaining a driver’s license on October 8, 2017, and from the village located at the lower west in the city under the influence of alcohol content 0.184%.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and was driving a vehicle under the influence of re-driving and non-licenseing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Registers of driver's licenses, inquiries into the results of regulating drinking driving, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (suspects, previous and confirmations of suspects), and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the defendant has had a past record of drinking six times including two times the past record of probation, and this case is also a crime committed in the period of suspended sentence of imprisonment due to the same crime that has been committed two times as indicated in the judgment.

In the case of a defendant, the suspension of the execution of imprisonment is no longer effective for the crime.

The main point is the blood transfusion.

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