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(영문) 창원지방법원 거창지원 2013.05.08 2013고단68
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 May 31, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on May 31, 2010, and a summary order of KRW 4 million for the same crime in the same court on November 30, 2012.

【Criminal Facts of Crimes】 On March 15, 2013, at around 23:50 on March 15, 2013, the Defendant driven a BNS car with a blood alcohol content of at least 0.10% under the influence of alcohol without obtaining a driver’s license in approximately 2km section from the front of the sea frequency cluster in Seocheon-gun, Seocheon-gun, Seocheon-do to the front of the Seosan Island located in the same Eup/Myeon.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into driver's license, and inquiry into the results of the control of drinking driving;

1. Division: Application of Acts and subordinate statutes to investigation reports (Attachment to the same kind of decision-making unit);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order are two times prior to the instant crime, and in particular, despite the fact that the Defendant was issued a summary order by this court due to the crime of driving a BNN vehicle under the influence of alcohol on September 25, 2012, the Defendant driven the said NN vehicle without a license or under the influence of alcohol for three months or more, and further, in light of the Defendant’s statement on the circumstances of the instant crime, it is anticipated that the Defendant would be likely to block the driving of alcohol in the future.

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