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(영문) 창원지방법원 거창지원 2019.01.09 2018고단255
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 power] On December 27, 2017, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch court's branch court on December 27, 2017, and on May 24, 2018, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

On September 12, 2018, the Defendant, without obtaining a driver’s license at around 16:20, driven E-Poter vehicle from around 600 meters away from the road front of the Croon Party in Gohap-gun, Chungcheongnam-gun, in a state of alcohol alcohol concentration of 0.094%, to the front road of D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the circumstantial statement of a drinking driver, an investigation report, a notification on the results of crackdown on drunk driving, a report on investigation (in the course of mobilization, etc.), a driver's license register, a driver's license register, an inquiry report (in the calculation of a suspect's blood alcohol concentration), an investigation report, a report on the results of investigation (in the calculation of a suspect A's blood alcohol concentration), an investigation report (in the calculation of a suspect A's blood alcohol concentration), and a copy of a blood alcohol concentration congested

1. Previous convictions indicated in judgment: Application of two copies of criminal records, investigation reports, and order of cultivation under the 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture: As seen earlier, the Defendant was punished twice due to drinking driving, and even if there were no few months from the date of the last punishment, the reporting person at the time.

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