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(영문) 창원지방법원 밀양지원 2018.12.13 2018고단483

도로교통법위반(음주운전)등

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

Reasons

Punishment of the crime

On June 9, 2008, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) in the Changwon District Court's smuggling support on June 9, 2008, and a fine of KRW 4 million due to a violation of road traffic law (drinking driving) in the same court on February 21, 2014, and violated the regulations on the prohibition of drinking driving at least twice.

On August 29, 2018, at around 04:30, the Defendant driven a BN model under the influence of alcohol content of 0.095% while under the influence of alcohol without obtaining a driver’s license in a section of about 10 km from the front of the fri-dong in the Gae-dong to the intersection of the two-dong located in the same Sinnam-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 6 No. 5 of the evidence list);

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. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,