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(영문) 창원지방법원 마산지원 2012.12.26 2012고합162
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act in the Jinwon District Court on January 29, 2010. On November 10, 2011, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Changwon District Court on November 10, 201. The judgment becomes final and conclusive on November 18, 201, and is currently under suspended sentence.

【Criminal Facts】

1. On March 20, 2012, at around 03:00, the Defendant driven a vehicle of approximately 2 km in the section of approximately 2 km from the Do in front of the mutual infinite Do in Kimhae-si, Kimhae-si, to the front road of the twit distance, while under the influence of alcohol of 0.182% of blood alcohol without a driver’s license.

2. On April 18, 2012, at around 04:30, the Defendant, without a vehicle driver’s license, driven a vehicle of approximately 1km in the section of approximately 1km from the front of the inlet reservoir located in the Sinnam-gun, Hannam-gun, Sinnam-gun, in the state of alcohol leveling 0.10% of alcohol level without a vehicle driver’s license, to the front road of the Dondong-dong in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of each drinking driver, a test report on drinking alcohol, a report on the circumstances of each drinking driver, an inquiry into the results of crackdown on drinking driving, the register of driver's licenses, the register of teas, the details of revocation of driver's licenses, inquiries into the disqualifications of the main office, and the register of licenses (A);

1. Previous records of judgment: Criminal records and other inquiries, criminal records, reports on the results of confirmation before and after each disposition, and application of Acts and subordinate statutes to report criminal investigations (the previous records of suspects and attachment of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 between the crimes of violation of each Road Traffic Act and the crimes of violation of each Road Traffic Act (unlicensed Operation), and each punishment shall be imposed for a violation of the same Act with heavier punishment);

1. Punishment;

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