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(영문) 창원지방법원 밀양지원 2015.02.12 2014고단525

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

On August 1, 2007, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on August 1, 2007, and on May 11, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support.

1. On November 26, 2014, at around 23:20, the Defendant driven a CP car under the influence of alcohol content of at least 0.060%, without obtaining a driver’s license, from a section of about 500 meters in front of the military Trimun-dong, which is located in the Tyang-si Dopo-si, to the Dopo-si road.

As a result, the Defendant, while driving without obtaining a driver's license, has violated the prohibition of driving at the same time not less than twice, driving a motor vehicle under the influence of alcohol in violation of the prohibition of driving at the same time.

2. On December 30, 2014, around 08:50, the Defendant driven the said car without obtaining a driving license from a vehicle driving license at a section of about 6 km away from a vehicle of the Changwon District Prosecutors’ Office, which is in motion within the night of the Defendant’s residence, to the parking lot of the Changwon District Prosecutors’ Office, located in the narrow city.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The register of driver's licenses, and making inquiries into the car register;

1. Each report on investigation;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power judgment, etc.);

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

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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