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(영문) 창원지방법원 2016.10.28 2016고단2119
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2011, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Changwon District Court on the following grounds: (a) on November 27, 2011, the Defendant was sentenced to a fine of two million won or more for a violation of the Road Traffic Act; and (b) on November 27, 2014, the Changwon District Court issued a summary order of two million won or more for a violation of the Road Traffic Act.

On June 24, 2016, at around 15:40, the Defendant: (a) driven a car under the influence of alcohol with a blood alcohol concentration of 0.067% without obtaining a driver’s license from a section of about 500 meters in front of the “FF,” which is located in the outside of the Kimhae-si, Kimhae-si, to the front road of the “living comprehensive maintenance of a forest” located in the seeding area in the Kimhae-si, Kimhae-si.

On June 27, 2011, the Defendant issued a summary order of KRW 1 million at the Changwon District Court for a violation of the Road Traffic Act, and KRW 2 million at the same court on November 27, 2014 for the same crime.

On September 21, 2016, at around 20:20, the Defendant driven a Cchip car under the influence of alcohol content of 0.108% without obtaining a driver’s license in the section of approximately 2 km from the front side of the ancient Dog, which is located in the Schip Dog, Kimhae-si, to the Southern Dog-si parking lot located in the same Ri.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle while under influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

"2016 Highest 2119"

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (a copy of summary order);

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previouss before judgment: Criminal history records; and

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