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(영문) 창원지방법원 통영지원 2016.10.06 2016고단1197
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

[criminal power] On September 27, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on September 27, 2006, and the same court on September 30, 2015 was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) and the same criminal power is all five times of imprisonment with prison labor.

【Criminal Facts】

On July 27, 2016, at around 17:20, the Defendant driven a BFUMA 125% alcohol concentration under the influence of 0.108% under the influence of alcohol without obtaining a driver’s license from a section of approximately 7 km from the front of the yellow ginseng street in the luminous Map, Sinnam-si, Sinnam-si, through the Gyeongnam-do, to the front of the vertical village in the flow of the epic.g., the GFMA 125%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

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

1. Criminal records, investigation reports (verification of attached records), judgment, and application of a copy of each statute of the relevant summary order;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although probation, community service order, and lecture attendance order under Article 62-2 of the Criminal Act had several criminal records of the same kind, including the reason for sentencing, drinking without a license, and criminal records of suspended sentence due to non-licenseed driving, the defendant, who committed the instant crime, should not violate his/her own mistake and repeat the crime, is determined as ordered by the disposition, taking into account the defendant's age, occupation, character and behavior, family relation, circumstances leading to the instant crime, etc., and the sentencing conditions under Article 51 of the Criminal Act, including the circumstances before and after the instant crime

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