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(영문) 창원지방법원 마산지원 2017.11.07 2017고단939
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

[criminal history] On October 27, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic laws at the Changwon District Court on the summary order of KRW 2 million for a crime of violating road traffic laws; on November 10, 2006, the same court issued a summary order of KRW 3 million for a crime of violating road traffic laws, respectively; on December 23, 2008, the same court was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws.

[2] On July 26, 2017, the Defendant driven a coo car in E without obtaining a driver’s license from the front of the “D” restaurant located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, to the front of the “CU” convenience store located in 28, 3km-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, the Defendant driven a coo car in the state of under the influence of alcohol content of about 0.216% in blood while under the influence of alcohol.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order, etc. of the suspect's previous history);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

(b)bed;

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