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(영문) 창원지방법원 2017.08.24 2017고단2311

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

Reasons

Punishment of the crime

On April 4, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 4, 201, and on April 22, 2016, the same court was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) and was punished for the same crime five times in total.

Defendant 2017

6. On 23. 22:07, while under the influence of alcohol content of 0.073% in blood while driving a cub car on the front road of the cU Kim Kim Kim Kim Jong-dong in front of the cU Kim Jong-dong, which is located in the same Dong on the road in front of the cU Kim Jong-dong, without obtaining a driver's license, around 50 meters in cub C.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of any violation of traffic laws on roads and reports on the detection of any driver engaged in driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (i.e., the fact that the Defendant committed a misunderstanding that the Defendant would not repeat the crime in the future while breaking his wrongs) (i.e., the distance at which the Defendant driven under the influence of alcohol at the time of the instant case is not long, the Defendant’s blood concentration was not high, the Defendant’s blood concentration was not higher, and the Defendant has no record of being subject to a more severe punishment than a fine before).

1. Article 62(1) of the Criminal Act (the above-mentioned favorable circumstances) provides for the suspension of execution.