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(영문) 창원지방법원 통영지원 2016.09.30 2016고단1185
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 4 million each for a crime of violating the Traffic Act on March 16, 2015 and May 10, 2012 at the Changwon District Court’s territorial branch.

[2] On August 5, 2016, the Defendant driven a motor vehicle from the B Abdo-dong sod without obtaining a driver’s license under the influence of alcohol level of about 0.146% in blood on the road near the 3km-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (no record of punishment for heavier than a suspended sentence) of the Act on Reduction of Small Quantity and Article 55 (1) 3 of the same Act is against the defendant;

in this chapter.

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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