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(영문) 창원지방법원 통영지원 2017.06.22 2017고단476
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On August 25, 2004, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on the grounds of the violation of the Road Traffic Act; on July 30, 2013, the Defendant received a summary order of KRW 5,00,000 as a fine for the same crime; on September 26, 2014, the same court received a summary order of KRW 5,00,000 as a fine for the same crime; on March 9, 2015, the Defendant was sentenced to a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the same court on December 18, 2015; and was sentenced to a suspended sentence of one year for six months for the same crime.

Criminal facts

On April 1, 2017, the Defendant: (a) was under the influence of alcohol level of about 200 meters from the apartment parking lot of the Defendant, at around 21:55, while under the influence of alcohol level of about 0.150% from the blood, without obtaining a driver’s license from the apartment parking lot of the Defendant to the scular road; and (b) driven the XG volume.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of the Act and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is five times all the criminal records of the defendant being subject to criminal punishment on the grounds of drinking or non-licensed driving, and the crime of this case is not suitable to commit the crime of this case even though the defendant had the record of suspending the execution of imprisonment during the

However, the defendant's perception of the crime of this case shows the appearance of reflection, and the relatives of the defendant and the defendant are against the defendant.

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