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(영문) 창원지방법원 거창지원 2016.08.10 2016고단194

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 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 March 8, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking) at the Changwon District Court's Jinju branch on March 8, 2010, and the same court issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the same court on July 17, 2012.

On April 11, 2016, the Defendant driven a B-low vehicle without obtaining a driver's license in the state of alcohol concentration of about 0.108% in the 5km section from the front of the construction site of an individual house located in the Dogsan-si, Gyeongnam Development-gun, G-do, Gyeongnam-do to the front road after cultivating the same military at the same time from the front of the construction site of an individual house located in the Dogsan-gun, Gyeongnam-gun, Gyeongsan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and Article 62-2 of the Criminal Act of the community service order (in order to prevent the recidivism of the accused and to provide the accused with an opportunity to reflect his/her resistance, protection and observation and community service shall be added);