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(영문) 창원지방법원 밀양지원 2015.07.23 2015고단150

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 February 15, 2013, the Defendant is a person who violated the provisions that anyone shall not drive under the influence of alcohol on at least two occasions by receiving a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court's smuggling on February 15, 2013, and by receiving a fine of KRW 5 million from the same court on May 1, 2014, for a crime of violating the Road Traffic Act (driving).

On March 5, 2015, at around 20:35, the Defendant: (a) drive a B1 ton cargo vehicle while under the influence of alcohol content 0.102% while under the influence of alcohol, without obtaining a driver’s license in the 1km section from the front of the “Korea apartment complex,” which was located in the direct jurisdiction of the Eup, Sin-gun, Sin-si, Sin-si, Sin-si, and Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. A driver's license inquiry;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

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