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(영문) 창원지방법원 밀양지원 2016.11.10 2016고단415

도로교통법위반(음주운전)등

Text

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

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

Reasons

Criminal facts

On January 31, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on January 31, 201, and a fine of two million won for the same crime at the same court on October 5, 2015.

On June 18, 2016, at around 00:05, the Defendant driven an Erash car with the blood alcohol concentration of 0.130% under the influence of alcohol without obtaining a driver's license from the friendly-gu Seoul's house parking lot located in Kimhae-si, Kim Jong-si to the same Ri Hospital via the same Ri Hospital, and from about 1km to the Donam apartment in the Donam apartment in the vicinity of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Violation of the Road Traffic Act (driving without a license), reporting on detection of suspects, reports on the statement of the situation of a drinking driver, inquiry report on the control of drinking and driving, the register of driver's licenses, and reports on the entry of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen for the same type of crime ( considered repeated punishment);

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;