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(영문) 창원지방법원 마산지원 2017.04.26 2017고단234
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Musan Branch on the ground of the violation of the Road Traffic Act, and on October 8, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungwon District Court's Sungnam Support on the ground of the violation of the Road Traffic Act at least twice.

1. On February 24, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Category C cargo vehicle without a vehicle driver’s license in a about 3km section from the Do in front of the Defendant’s residence in the Haan-gun, Haan-gun, Haan-gun, the same Do, in front of the Defendant’s residence in the Haan-gun, the same Haan-dong, and the Haan-dong,

2. On February 24, 2017, the Defendant driven a C Poter vehicle without a driver’s license while under the influence of alcohol concentration of about 0.147% in the direction of about 60 meters in the front of the Haban-gun, Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-gun, the Haban-

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The license register for automatic winding;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by statutes;

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

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

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal history heavier than the suspension of execution);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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