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(영문) 창원지방법원 마산지원 2017.01.11 2016고단1206
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 4, 2011, the Defendant received a fine of KRW 3 million for a crime of violating the Road Traffic Act from the Changwon District Court on July 4, 201, and received a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 26, 2016.

However, on November 8, 2016, the Defendant was under the influence of 0.189% in alcohol while driving a motor vehicle with approximately 500 meters from the front of the bus terminal in the city bus terminal in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun without obtaining a driver's license for a motor vehicle on November 8, 2016 to the lower west distance in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (the same force as the suspect) and Acts and subordinate statutes of the summary order attached thereto;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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 (which acknowledges and reflects his/her mistake, does not constitute grounds for disqualification from suspension of execution, and the driving or non-licensed driving will not be permitted again;

the defendant's sale of the car operated by the defendant, etc.

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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