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(영문) 창원지방법원마산지원 2020.10.30 2020고단709

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 23, 2009, the defendant was issued a summary order of a fine of KRW 1.5 million at the Changwon District Court due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act.

On June 25, 2020, at around 08:00, the Defendant driven the e-mail from around 700 meters away from around 08:0 to around D in front of the Defendant’s residence, Haak-gun, Hanam-gun, without a car driver’s license. From around 09:05 on the same day, the Defendant driven the above e-mail while under the influence of alcohol content of 0.091% without a car driver’s license, from around 300 meters to the front of Gma in F.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and register of driver's licenses;

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

1. Selection of imprisonment with prison labor for the crimes under Articles 148-2 (1), 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act, which are applicable to applicable laws, or selection of sentence for the crime under Articles 40 and 50 of the Criminal Act;

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 Code of the community service order was that the Defendant committed the instant crime even though he had the record of punishment twice due to driving without a license for drinking alcohol.

The defendant does not have to obtain a driver's license, and does not seem to be against the defendant.

However, the defendant recognizes the facts of crime.

There is no criminal record exceeding a fine.

In addition, the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime shall be determined as per Disposition.