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(영문) 창원지방법원 밀양지원 2015.10.15 2015고단329

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2006, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act in the Changwon District Court's smuggling support on June 14, 2006. On February 9, 2015, the Defendant was issued a summary order of 5 million won for a crime of violation of the Road Traffic Act in the Changwon District Court's smuggling support.

1. On July 28, 2015, the criminal suspect of violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) operated a D car under the influence of alcohol with a blood alcohol concentration of 0.204%, without a driver’s license, at the 1km section, from around July 28, 2015 to around the roads near the same Eup/Myeonncheon, the criminal suspect, who was in Sinnam-gun, was not in the vicinity of his/her residence, and was under the influence of alcohol with a blood alcohol concentration of 0.204%, without a driver’s license.

2. On August 3, 2015, a criminal suspect who violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) operated a D car under the influence of alcohol of about 0.145%, without a driver’s license, from around 16:20, around August 3, 2015, to the roads adjacent to the same Eup/Myeon located in the same Eup/Myeon from the Do adjacent to the residence of the criminal suspect who was located in Gyeongnam-gun, and was under the influence of alcohol of about 0.145%, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of regulating driving under the influence of alcohol, report on the circumstances of driving under each driving under the influence of alcohol, and report on the circumstances of each driving under the influence

1. The driver's license ledger;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment records);

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a drunk driving as stated in paragraph (1)), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving as stated in paragraph (2)), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The probation is confined for a certain period of time in Article 62(1) of the Criminal Code, and the same kind of detention after 207.