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(영문) 창원지방법원 진주지원 2019.09.04 2019고단501

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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

The defendant of "2019 Highest 501" has criminal records punished on two or more occasions by a person who has been sentenced to a fine of two million won on February 18, 201, for drinking driving at the Changwon District Court's Jinju branch, as a violation of the Road Traffic Act (driving) and a fine of two million won on December 14, 2007, and a person who has been sentenced to a fine of two million won on February 18, 201.

On May 2, 2019, at around 11:55, the Defendant driven a F SP car under the influence of alcohol level of 0.119% without obtaining a driving license from approximately 660 meters from the front of the “C” road in Jinju-si to the front of the “E” road in Jinju-si.

around 11:20 on June 21, 2019, the Defendant driven a F Sspak 1.0 OHC car without obtaining a driver's license from the front side of the children's playground located in the Jinju-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

"2019 Highest 501"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, field photograph, handling table of 112 reported cases, notification of the results of the control of drinking driving, and the register of driver's licenses;

1. Previouss before judgment: Criminal records, inquiry reports, and summary orders "2019 Highest 762";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service and order to attend a lecture: The reason for sentencing Article 62-2 of the Criminal Act, even if having been punished several times due to drinking alcohol, was again conducted without license in the state of blood alcohol concentration. This is also in the course of the trial.