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(영문) 창원지방법원 통영지원 2018.02.12 2017고단1852

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

[criminal history] The Defendant is a person who has served ten times the same kind of crime, including a fine of 7 million won for a crime of violating road traffic laws (drinking driving) at the Changwon District Court's branch on June 24, 2015, and a fine of 4 million won for a crime of violating road traffic laws (drinking driving) on April 5, 2010.

[2] On December 1, 2017, at around 01:05, the Defendant driven a d bargaining car under the influence of alcohol content of 0.050% while under the influence of alcohol without obtaining a driver’s license from a section of about 50 meters from the front of the emulative convenience store located in the emulgal bratulation of the emulgic drawing, to the front road of the emulgic employment support center located in the same Ri.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver of a driving school, a report on the results of regulating drinking driving, and an investigation report;

1. Registers of driver's licenses, specifications of main office, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime and report thereon);

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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