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(영문) 창원지방법원 밀양지원 2018.03.15 2018고단15
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

[criminal history] The Defendant is a person who has been sentenced to imprisonment for four months with prison labor for a crime of violation of road traffic law in the Changwon District Court's Seongbuk Branch on January 7, 2009, and two years of suspended execution with prison labor for the same crime in the same court on June 18, 2015, and two years of suspended execution with prison labor for the same crime in the same court.

[2] Around December 28, 2017, the Defendant was under the influence of 0.144% of alcohol content in blood without obtaining a driver’s license of a motor vehicle on December 28, 2017, and was driving a Bknkn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-ket

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 13) statute;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of a crime, etc., shall be determined as ordered in consideration of the fact that there was a history of multiple punishment for the same crime as the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture and the order to attend a community service order,

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