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(영문) 창원지방법원 거창지원 2019.06.05 2019고단122
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 11, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court. On March 16, 201, the Defendant was sentenced to a fine of 3 million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on March 16, 201, and on December 3, 201, at the Changwon District Court's Chang Branch branch on December 3, 2014, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for 10 months, and on May 15, 2015, the Defendant was sentenced to a one-year imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seowon District Court's Seowon Branch branch on the

【Criminal Facts】

On April 8, 2019, the Defendant, who violated the duty of prohibition on driving two or more occasions under the influence of alcohol, driven a gallon vehicle from around 3 km to the roads in front of the Gyeongnam-gun, Chungcheongnamnam-gun, without a driver’s license, while under the influence of alcohol at around 0.089% of alcohol concentration, and operated a gallon vehicle from around 19:50 on April 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Transverse inquiry (D);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same kind of power, etc.) and other statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant repeatedly drives the crime of this case, such as committing the crime despite the fact that the defendant had been punished ten times due to drinking or unlicensed driving, and the fact that it seems that the continuation of drinking prior to this is not improved, etc. is disadvantageous to the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant is the defendant.

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