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(영문) 창원지방법원 밀양지원 2018.08.09 2018고단241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On May 10, 2017, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of road traffic law (drinking driving) in the Changwon District Court's Seoyang Branch on May 10, 201, and a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) on October 1, 2009, respectively. The Defendant violated the prohibition of drinking regulations on two or more occasions.

[Criminal facts] On May 7, 2018, the Defendant driven B 2 vehicles under the influence of alcohol content of 0.179% while under the influence of alcohol without obtaining a driver’s license from around about 10k section of approximately 10km from the roads adjacent to the Simsan-si, Simsan-si, Simsan-si, Simsan-si, to the third distance of the hot spring hospital located in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (the attachment of criminal records before and after drinking), and statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,

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