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(영문) 창원지방법원 마산지원 2016.03.30 2016고단144
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2009, the Defendant received a fine of KRW 700,00 from the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and on March 15, 2010, the Defendant received a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 15, 201, and on May 15, 2015, the Defendant received a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at least twice.

On February 4, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on February 4, 2016, driven approximately 1 km B SP motor vehicle from the following side of the Agricultural Cooperative located in the Changwon-si Mawon-si Masan-dong to the development of national human resources in the same region without a driver’s license of a motor vehicle at around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of enforcement officers prepared by C;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (on the situation, etc. at the time of dispatch to the scene) and photographs related to the control of drinking attached thereto;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, a report on investigation, and a copy of the summary order attached thereto;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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 (which acknowledges and reflects his/her mistake, does not constitute grounds for disqualification from suspension of execution, and the driving or non-licensed driving will not be permitted again;

(3) such consideration as the

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

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

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