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(영문) 창원지방법원 마산지원 2016.07.20 2016고단533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act in the Changwon District Court's Msan Branch, and on February 4, 2015, the Defendant was sentenced to a suspended sentence of three years for six months for a crime of violating the Road Traffic Act, and was sentenced to a suspended sentence of three years for a suspended sentence of three years for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch.

On April 18, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on April 18, 2016, driven a vehicle with approximately KRW 2 km from the farmland near the ambag in Changwon-si, Changwon-si, Masan-si, to the road front of the asset dry field located in the same property Dong, while under the influence of 0.131% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Records of judgment: Inquiries about criminal history, reporting on investigation (Attachment to a summary order) and application of the summary order and statutes attached to the judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished several times for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licenseed driving), and the Defendant was sentenced to a suspended sentence of ten months on September 5, 2014 by imprisonment with prison labor for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court Support on September 13, 2014, and the said judgment became final and conclusive on September 13, 2014. On February 4, 2015, the Defendant committed the instant crime for a suspended sentence of six months after being sentenced to a suspended sentence of six months on February 12, 2015, for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court Support on February 4, 2015, which became final and conclusive on February 12, 2015.

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