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(영문) 창원지방법원 마산지원 2018.12.07 2018고단1066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic laws (drinking driving) at the Changwon District Court's Muwon Branch's branch on June 27, 2013, and on November 12, 2013, the Defendant was issued a summary order of KRW 2 million as a fine for the same crime, etc.

On October 11, 2018, the Defendant driven CA car in the state of alcohol alcohol concentration of about 0.105% without obtaining a driver’s license from approximately 10km section from the front of the Masan Station to the front of the Malwon apartment in the Malwon-gun, Gyeongwon-gun, Hawon-si, Changwon-si, Changwon-si, Masan-si, Masan-si.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives the above cargo without obtaining a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of such previous record);

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

1. In light of the fact that an order to attend a lecture has been punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that an order to attend a lecture is again driving without drinking, etc., the liability for the crime is not less and less, but the fact that there is no record of punishment exceeding fine and no record of punishment exceeding the fine, etc.

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