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(영문) 창원지방법원 2016.06.24 2016고단906
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 December 13, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,500,000 due to a crime of violating the Road Traffic Act (drinking), and a fine of KRW 3,50,000 due to a crime of violating the Road Traffic Act (drinking) at the same court on August 16, 201.

On February 23, 2016, at around 21:24, the Defendant driven B Poter cargo while under the influence of alcohol with 0.125% alcohol concentration in blood, without obtaining a driver's license from a section of approximately 200 meters to the front day of the green advertising site located in the same Ri from the neighboring apartment site near Jin-si, Jin-si, Kimhae-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on confirmation of the same type of force);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment of the court below, and that the amount of alcohol concentration in blood at the time of driving the instant drinking is very high, etc., which are disadvantageous to the Defendant.

However, the defendant has his depthed and reflected his wrongness.

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