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(영문) 창원지방법원 2017.06.08 2017고단1080
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on August 31, 2015, a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court on August 31, 2015, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court on December 9, 2016.

On March 4, 2017, the Defendant driven a motor vehicle of approximately 200 meters worth B string 200 meters at the front of the relevant church in front of the relevant 573-12, as well as at the same time, under the influence of alcohol of 0.12% in blood while under the influence of alcohol, the Defendant driven a motor vehicle of approximately 00 meters in front of the relevant church.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of any violation of the Traffic Act (driving or non-licenseing) on roads, and a statement in the circumstances of drivers of such driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (i.e., that a defendant has committed a misunderstanding and has not committed a second offense in the future as a result of his/her misunderstanding, and that there exists no past record of punishment heavier than a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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