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(영문) 창원지방법원 2018.12.13 2018고단2355

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 3, 2016, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million from the same court on January 19, 2017 to a crime of violating the Road Traffic Act.

On July 20, 2018, the Defendant, without obtaining a driver’s license on a motor vehicle at around 00:34, driving a B rocketing motor vehicle from a distance of about 3 km to about 6-8 km of the window of Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si, under the influence of alcohol content of 0.074% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and subparag. 55 subparag. 13) (see, e., Supreme Court Decision 2009Da1248, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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