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(영문) 창원지방법원 밀양지원 2020.01.09 2019고단476
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

On October 1, 2018, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on October 1, 2018, and a fine of KRW 5 million by the same court on July 9, 2019, respectively.

Nevertheless, on September 15, 2019, at around 14:15, the Defendant driven F 102c c obab, while under the influence of alcohol 0.387%, without obtaining a motorcycle driver’s license, from approximately 500 meters in the direction from the front of the road located in the Gyeong-gun, G, and Dong to the E-district parking lot located in the same Do.

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. Written statement of enforcement officers;

1. Registers of driver's licenses, chassiss, and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (attached to summary orders of the same kind of suspect records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The current Road Traffic Act amended the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has strengthened punishment for the crime of drunk driving, and the defendant has recently been punished for the same kind of crime in the atmosphere with a high social awareness of the crime of drunk driving, despite the fact that although the defendant had been recently punished for the same kind of crime, he/she was committed the crime of drunk driving in a state without permission without among the defendants, and that the defendant's blood alcohol concentration level is very

(b).

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