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(영문) 창원지방법원 마산지원 2018.04.24 2018고단212

도로교통법위반(음주운전)등

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 19, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, on May 11, 2009, a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on August 21, 2015, a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court, respectively. < Amended by Act No. 13588, Aug. 21, 2015>

On October 25, 2017, at around 22:55, the Defendant driven C Poter Cargo at about 3km from the front of a restaurant in which it is impossible to know the trade name in Eup because it is located in the Changwon-si, Changwon-si, the members of Changwon-si to the front day of the alpfran, located in the Eup’s fence, and without obtaining a driver’s license, while under the influence of alcohol concentration of about 0.086% during blood, without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger (A);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (attached to a summary order with the same criminal suspect's records of drinking);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend a lecture are the same as that of a fine already imposed on three occasions due to a violation of the Road Traffic Act.