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(영문) 창원지방법원 2019.10.24 2019고단1833

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 July 25, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on July 25, 2013, and on April 18, 2016, the Changwon District Court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

On March 10, 2019, at around 10:00, the Defendant driven a DNA 2 truck with a blood alcohol level of 0.061% under the influence of alcohol without obtaining a driver's license for a motor vehicle, from the frequency of the trade incompact of Gangseo-gu Busan Metropolitan City to the front way of the city in Kimhae-si B.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. 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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that it seriously reflects the fact that it does not exceed the fine and the fact that it does not have any previous offense)

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