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(영문) 창원지방법원 2019.10.16 2019고단2012
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 May 9, 201, the Defendant was issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Changwon District Court’s Changwon Branch on July 26, 201, and a summary order of KRW 3 million for a violation of the Road Traffic Act at the Changwon District Court on July 26, 201.

【Criminal Facts】

On June 30, 2019, the Defendant, while under the influence of alcohol 09:10% of alcohol, driven Bran-do without obtaining a driver’s license from the pent parking lot to the 1762-top-top-do 1762, which is not aware of the trade name of the former North-Gun non-resident in the state of alcohol 0.14%.

Accordingly, the defendant violated the regulations on prohibition of drunk driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

Disadvantageous circumstances: The defendant driving in a state of full blood alcohol (0.141% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

Although the defendant has been punished twice as a fine for the same crime, he/she has been punished for the past.

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