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(영문) 창원지방법원 마산지원 2017.11.08 2017고단929

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 October 8, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch branch on October 8, 2012, and on September 24, 2014, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), and on October 21, 2015, the Defendant was sentenced to two years of suspended sentence for imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving), and on October 29, 2015, the said sentence became final and conclusive on October 29, 2015.

On August 20, 2017, at around 00:54, the Defendant driven CM car under the influence of alcohol concentration of about 0.067% while under the influence of alcohol while under the influence of alcohol leveling from around 1km to the right before the underground passage of the forest located in the same side of the Gu, which is located in the same side of the Gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment documents, such as judgments, 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. Article 62-2 of the Criminal Act on community service and order to attend a lecture has the same criminal history of sentencing and committed the instant crime during the period of suspension of execution. However, the Defendant's mistake and reflects the Defendant's mistake, the degree of alcohol concentration and driving distance of the Defendant's blood, and other Defendant's age, sex, sex, environment, motive, background, means and consequence of the crime, etc.