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(영문) 창원지방법원 밀양지원 2015.07.02 2015고단149
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act as a crime of violating the Road Traffic Act in the Changwon District Court's smuggling on February 15, 201, and a summary order of 2.5 million won or more for a crime of violating the Road Traffic Act (driving), etc. on August 3, 2011, and on April 27, 2012, the Defendant was sentenced to a summary order of 2.5 million won or more by the same court on April 27, 2012, and any person was sentenced to a suspended sentence of 10 months or more for a crime of violating the Road Traffic Act (driving

On March 5, 2015, the Defendant, at around 20:20, driven a B 100-camb in the state of alcohol alcohol concentration of 0.089% while under the influence of alcohol alcohol level, without obtaining a driver’s license from the front of the “open restaurant” located in the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si to the front road located in the name of Sinsan-si, Sinsan-Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the driver's license inquiry report;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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