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(영문) 창원지방법원 밀양지원 2018.10.25 2018고단409
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 history] On October 29, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Changwon Branch on the charges of violating the Road Traffic Act. On October 1, 2018, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting) in the same support.

[2] Although the Defendant violated the prohibition on driving under the influence of alcohol twice or more, on July 10, 2018, the Defendant driven a B spaw-down truck with a level of drinking more than 0.378% alcohol concentration in blood without obtaining a driver’s license from the front side of the deaf-gu Seoul Metropolitan City Spag-do Spag-Eup, to the front side of the same Eup/Myeonn-ri-ri, a level of about 3km from July 10, 2018 to the same Eup/Myeonn-ri road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of a summary order, and the application of the statutes governing the judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of a crime, etc., shall be determined as ordered in consideration of the fact that there was a history of multiple punishment for the same crime as the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture, and order to attend a community service order;

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