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(영문) 창원지방법원 밀양지원 2018.10.11 2018고단344
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 February 25, 2016, the Defendant is a person who has violated the provisions on prohibition of drinking, such as being sentenced to a fine of 10 million won or more due to a violation of road traffic laws in the Changwon District Court's smuggling support on March 3, 2015, a fine of 3 million won or more due to a violation of road traffic laws (driving) in the same court on March 3, 2015, and a fine of 2 million won or more due to a violation of road traffic laws in the same court on June 29, 2010.

Nevertheless, on June 23, 2018, the Defendant driven a B SP vehicle under the influence of alcohol content of 0.122% in blood without obtaining a driver's license from the front side of the owner of rigin located in the mountain, which is a protruding-si in the mountain, to the 10km-si road in front of the French printing office located in the Dong area.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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 a crime, etc., shall be determined as ordered in consideration of the fact that there was a history of multiple punishment for the same crime as the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture, and order to attend a community service order;

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