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(영문) 창원지방법원 2016.09.23 2016고단1864
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 April 7, 2008, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Changwon District Court, and a fine of two million won for a violation of road traffic law at the Changwon District Court on October 12, 2010. On April 22, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Changwon District Court on April 22, 201.

On May 29, 2016, at around 02:50, the Defendant driven a F rocketing car under the influence of alcohol content of 0.163% while under the influence of alcohol without obtaining a driver’s license from the front of the D cafeteria located in Kimhae-si, to the front of the E Hospital located in the same Dong from approximately 100 meters.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, notification on the results of crackdown on drinking driving, and notification of the completion of correction;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes;

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 Defendant, with the reason for sentencing Article 62-2 of the Criminal Act, committed the instant crime under the same type of crime without a license, despite the fact that he/she had been sentenced to a fine twice due to a violation of road traffic laws, as stated in the facts constituting the instant crime. The alcohol content at the time of driving the instant crime is alcohol content.

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