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(영문) 창원지방법원 2016.12.23 2016고단3346
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 May 30, 2011, the Defendant received a summary order of a fine of two million won by the same court as a crime of violation of the Road Traffic Act (driving). On March 20, 2014, the Defendant was sentenced to a fine of two million won by the same court as the same crime. On July 28, 2015, the same court received a summary order of five million won or more due to a violation of the Road Traffic Act (driving).

On September 23, 2016, at around 20:02, the Defendant driven B1 ton cargo without obtaining a driver’s license from a section of about 1 k meters in the middle of the day-to-day restaurant, which is under the supervision of the upper east-dong in Kimhae-si, to the front of the restaurant in the upper dong-to-dong, and without driving a driver’s license from a section of about 1 km in the middle of the day-to-day restaurant.

As a result, the Defendant, who has violated the prohibition of drunk driving regulations not less than twice, drives a motor vehicle while under the influence of alcohol in violation of the above regulations, and simultaneously drives a motor vehicle without obtaining a driver'

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a drinking driver, report on the state of drinking driving, report on the state of drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records of the same type and other related Acts and subordinate statutes);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, as stated in the facts of the crime in the judgment, shall be punished by a fine for the same kind of crime in addition to the past three times as sentenced to a fine for a violation of the Road Traffic Act.

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