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(영문) 창원지방법원 통영지원 2016.07.01 2016고단492
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving) in the Changwon District Court’s Tong-gu branch on March 29, 2010, and on December 22, 2015, the same court received a summary order of 2 million won or more for the same crime and received a fine of 2 million won or more for the same crime. However, on April 26, 2016, the Defendant operated a car owned by her wife, one of its wife, under the influence of alcohol level of 0.070% in alcohol level from around 300 meters to the front day of the same ambropo-hon in the ambal dial map at around 22:35, 2016 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of each copy of judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 20

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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