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(영문) 창원지방법원 통영지원 2015.08.12 2015고단454
도로교통법위반(음주운전)등
Text

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

Reasons

Criminal facts

Criminal power is sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving on July 30, 2009), and a person who has been sentenced to a suspended sentence of two or more times for a violation of the Road Traffic Act (driving on July 25, 2013) in the Changwon District Court's Tong Branch branch branch of the Changwon District Court on July 30, 2009 due to a violation of the Road Traffic Act (driving).

Criminal facts

At around 21:45 on December 17, 2014, the Defendant, without obtaining a driver’s license, driven a knife car owned by the Defendant, under the influence of alcohol concentration of approximately 0.212% from the section of about 8km to the road front of the knife Agricultural Cooperative, the knife of the knife of the knife of the sea, which is located in the knife of the knife of the knife of the knife of the knife of the kn

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing favorable to discretionary mitigation - Circumstances: The fact that driving under the influence of alcohol does not lead to an accident; the defendant's employees' monthly problem resolution; and the defendant's disposal of his/her own vehicle and again does not drive under the influence of alcohol.

- Unfavorable circumstances: The high blood alcohol concentration level, many records of punishment for the same kind of crime, past drinking and unlicensed driving have been repeated over several times, and each time a fine or suspended execution, etc. is taken.

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