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(영문) 창원지방법원 통영지원 2016.11.29 2016고단1587
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 7, 2012, the Defendant was sentenced to a fine of 10 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on September 7, 2012, and was sentenced to a fine of 6 months at the Changwon District Court on October 30, 2014, and completed the execution of the sentence on April 28, 2015.

On October 2, 2016, at around 20:50 on October 2, 2016, the Defendant driven Calburged vehicle under the influence of alcohol concentration of 0.086% without obtaining a driver’s license from around 1km in the vicinity of the Asia-dong East East Sea, and the same city-dong Pool Pool Pool reclaimed land to the public parking lot in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition for the reason that discretionary mitigation is above Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

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