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(영문) 창원지방법원 밀양지원 2016.11.30 2016고단417

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On September 8, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Changwon District Court's Smuggling on September 8, 2010. On December 5, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and on December 5, 2013, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) and was sentenced to a suspended sentence of

On July 21, 2016, the Defendant is obvious that “C” in the facts charged under the influence of alcohol content of 0.102% without a vehicle driver’s license in a section of approximately 500 meters from the front side of the agricultural parking lot for the agricultural city, public official, and official, and official, from the front side of the agricultural parking lot for the agricultural city, public official, and official, at around 20:56, under the influence of alcohol without a vehicle driver’s license, is a clerical error.

Agalo-band-bandon cars were operated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under influence of alcohol, report on the results of the control of drinking driving, report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of the sentence of alternative imprisonment [the defendant is sentenced to the fine twice as a crime of violation of the Road Traffic Act, the fine twice as a crime of violation of the Road Traffic Act, the fine as a crime of violation of the Road Traffic Act, the fine twice as a crime of violation of the Road Traffic Act, the violation of the Road Traffic Act and the violation of the Road Traffic Act (the one-time suspended sentence as a crime of driving without a license], and the one-time suspended sentence as a crime of driving without a license during the period of the suspended sentence, and the one-time sentenced to the fine as above. Nevertheless, the above has the history of driving without a license during the suspended sentence.