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(영문) 창원지방법원 거창지원 2016.08.17 2016고단196

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to 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 May 12, 2014, the Defendant received a fine of KRW 2 million as a violation of road traffic law (drinking driving) in the Changwon District Court's branch on May 12, 201, and a fine of KRW 1 million by the same court on December 23, 2014 as a violation of road traffic law (drinking driving).

Although the Defendant had had a history of driving alcohol twice or more as above, on May 4, 2016, the Defendant driven a e-mail vehicle under the influence of alcohol with approximately 0.07% alcohol concentration in the blood without obtaining a driver’s license from the front of the Gyeong-ri Samsungwon, Gannam-gun, Gyeongnam-gun, Gyeongsan-gun, to the front road of the new rice treatment plant in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and Article 62-2 of the Criminal Act of the community service order (in order to prevent the recidivism of the accused and to provide the accused with an opportunity to reflect his/her resistance, protection and observation and community service shall be added);