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(영문) 창원지방법원 거창지원 2013.09.04 2013고단211

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

Punishment of the crime

On November 30, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act, etc. in the Changwon District Court's branch on November 30, 2009, and a summary order of KRW 2 million with the same crime in the same court on April 29, 201, respectively.

On July 10, 2013, at around 20:20, the Defendant driven a F Poter in a drunken state with a blood alcohol concentration of 0.122% without obtaining a driving license from a vehicle driving license in approximately 1km section from the front side of his argument in Gohap-gun, Gyeongcheon-gun, to the front side of E.D.

As a result, the Defendant once driven a motor vehicle while under the influence of alcohol, but once again driven the motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, driver's license inquiry, and report on the status of drinking drivers;

1. Before ruling: Application of inquiry reports and investigation reports (Attachment to a ruling on the same type of power), including criminal records, to statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the defendant is against his/her will);

1. Article 62 (1) of the Criminal Act on the stay of execution (the last place where no sentence is imposed on the drunk driving and the crime without a license shall be imposed, in consideration of the fact that family members should support it);

1. Probation and community service order under Article 62-2 of the Criminal Act;