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(영문) 창원지방법원 밀양지원 2014.05.15 2014고단73

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2006, the Defendant was sentenced to a fine of two million won as a violation of the Road Traffic Act in the Changwon District Court's Seoul District Court's branch court's order on December 8, 2006, and a person who was sentenced to a suspended sentence of two years for four months for the same crime in the same court.

On March 3, 2014, at around 14:40, the Defendant, without a car driver’s license, driven a d-pon vehicle at the section of approximately 3 km from the front of the house of Changwon-si C to the front of the fishery school of the Hayang-Eup, Changwon-si, in a state of alcohol of 0.070% of the blood alcohol concentration without a car driver’s license.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a driver, the ledger of driver's licenses for motor vehicles, and an inquiry into the motor vehicle;

1. Before ruling: Application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., reflective points, drinking water by the defendant, and scrapping a vehicle);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;