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(영문) 창원지방법원 2019.10.11 2019고단1669

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 23, 2005, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court due to a violation of the Road Traffic Act (driving). On April 15, 2013, the Defendant issued a summary order of KRW 2.5 million by the same court due to a violation of the Road Traffic Act (recrimination of drinking), and on June 7, 2016, the Defendant issued a summary order of KRW 4 million by the same court due to a violation of the Road Traffic Act (recination of drinking), and on May 10, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (recination of drinking), which became final and conclusive on May 18, 2018.

【Criminal Facts】

On May 20, 2019, at around 13:17, the Defendant driven a motorcycle E 124c motorcycle without obtaining a motorcycle driver's license from the window B from the window B of the Changwon-si to the front road of the oil station located in the same Gu C from around approximately 1km to the day before the oil station located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to the same type of power judgment and summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the sentencing conditions for sentencing specified in the instant case, including the following circumstances: (b) the age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (c) the sentencing conditions specified in the instant case shall be determined as ordered in full view of all the circumstances

Unfavorable circumstances: The harm of drunk driving and the defendant are crimes related to traffic.