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(영문) 창원지방법원 밀양지원 2014.04.22 2014고단28

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On May 1, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court's smuggling support on May 1, 2007, and was sentenced to a fine of two million won for the same crime in the same court on September 21, 2009.

On December 14, 2013, at around 15:15:15, the Defendant, without a car driver’s license, driven a cpoter freight at the section of about 10km from the roads of the 10km in front of the Eup, instead of opening the same military in front of the restaurant in the 10km of the Gyeongnam-gun, the Defendant was under the influence of alcohol by 0.142% of the blood alcohol content without a car driver’s license.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver, the circumstantial statement of the driver, and the driver’s license inquiry;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on outstanding dispositions and reports on results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;