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(영문) 창원지방법원 마산지원 2015.03.17 2015고단116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 22, 2009, the Defendant was under the influence of 0.210% of blood alcohol concentration, and was sentenced to a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Changwon District Court on September 14, 2009, and was sentenced to a fine of KRW 3 million on July 19, 2010. On November 5, 2010, the Defendant was under the influence of driving the same vehicle while driving the same vehicle under the influence of alcohol concentration of 0.157% of blood alcohol concentration, and was sentenced to a suspended sentence of 6 months in imprisonment for violating the Road Traffic Act (driving) at the same court on November 5, 2010.

On January 27, 2015, the Defendant, without obtaining a driver’s license at around 14:10, driven Bone Star vehicle at a section of about 1 km from the field from the stone in the field of the soft-gun in the state of alcohol concentration of 0.145% under the influence of alcohol to the stone transmission signal for the front of the tin village in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and the register of driver's licenses on automobiles;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same kind of judgment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking driving, he/she again leads to the crime of this case. However, the defendant is selected to punish him/her by taking into account his/her mistake and taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking

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