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(영문) 창원지방법원 2021.01.20 2020고단2952

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a fine of KRW 1.5 million by the Changwon District Court on August 9, 2010, and a fine of KRW 1.5 million by the same court on March 31, 2014.

【Criminal facts” around September 22, 2020: (a) the Defendant driven a D Karen car under the influence of alcohol leveling 0.095% in blood while under the influence of alcohol leveling 0.095% in the vicinity of the restaurant from the restaurant to the C church located near the restaurant without the driver’s license of the vehicle.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle in the state of being drunk as a person with the power of violating Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of alcohol, report on the situation of the driver in charge, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of 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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as the reflective fact, criminal record of the defendant, and the fact that there are family members to support);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;