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(영문) 창원지방법원 마산지원 2020.04.29 2020고단18

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 4, 2019, the Defendant was issued a summary order of KRW 7 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 22, 2019, at around 16:27, the Defendant driven a e-learning car without a car driver's license in the state of alcohol concentration of about 0.061% at a section of about 3 km from a soup crying parking lot located in Changwon-si, Changwon-si B to the front road of the same Gu.

Accordingly, the defendant has driven a motor vehicle without a driver's license in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was sentenced to a fine three times due to drunk driving, and the license was revoked due to the last drinking driving of a relatively recent crime.

However, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration is not high, but twice the same power has been relatively old.

There is no record of punishment except punishment for drinking driving three times.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.