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(영문) 창원지방법원 마산지원 2016.09.28 2016고단789

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 January 26, 2007, the Defendant received a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 26, 2007, and on January 28, 2008, a fine of one million and five hundred thousand won for a crime of violating the Road Traffic Act at the Changwon District Court on January 28, 2008.

On June 12, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on June 12, 2016, driven a Cma motor vehicle with approximately 1 km from the roads in front of the Hannam-gun, Hannam-gun, in the influence of alcohol level of 0.149%, to the roads in front of the mountain area where transmission is conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A letter of measurement of the driver's drinking;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and summary order statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (which acknowledges and reflects his/her mistake, has no record of suspension of execution or higher, and the driver does not again drive under the influence of alcohol or without a license;

(3) such consideration as the

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. An order to attend a course under Article 62-2 of the Criminal Act;