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(영문) 창원지방법원 마산지원 2018.01.05 2017고단1162
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 25, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act, on April 18, 201, a summary order of KRW 4 million as a fine for a crime of violating the Road Traffic Act (driving), and on October 2, 201, a summary order of KRW 6,00,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Changwon District Court Msan Branch Branch on October 2, 2015.

On October 24, 2017, at around 21:00, the Defendant driven a BF car under the influence of alcohol concentration of about 0.09% without obtaining a driver’s license from the section of approximately 1.5 meters from the 2nd of the Changwon-si, Changwon-si, Changwon-si to the front day of the parking lot in the Changwon-si, Mawon-si, Mawon-si, Mawon-si, Seoul-si, to approximately 27 minutes from the 2nd of the 8nd of the Changwon-si, Changwon-si, Mawon-si.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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 the 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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are many criminal records of the defendant with the reason of sentencing Article 62-2 of the Criminal Act.

However, the punishment shall be determined as per the order in consideration of the fact that the error is recognized and reflected, the age, circumstances of driving, etc. of the defendant.

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