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(영문) 창원지방법원 2016.01.27 2015고단2302

도로교통법위반(음주운전)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2008, the Defendant was sentenced to a fine of one million won by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), a fine of two million won by the same court on July 6, 2009, and a fine of six million won by the same court on February 10, 2014.

On July 30, 2015, at around 00:40, the Defendant driven a motor vehicle with a alcohol content of about 0.100% in a 50-meter section from the marina parking lot to the front side of North Korean elementary school located in the same Dong, one of the agricultural cooperatives located in the window fluence in Changwon-si, Changwon-si without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking, report on the situation of the driver under driving, written measurement of the driver under driving, notification of the completion of correction, and inquiry into the results of crackdown on driving under drinking;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (not less than twice drinking driving records);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant for sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime in the judgment of the court below, committed the same kind of crime without a license even though he had been punished twice due to a violation of the Road Traffic Act, as well as the records of the crime committed by the defendant, even though he was sentenced to a fine for the violation of the Road Traffic Act, and again committed the same crime under the same type of crime. The police officer who tried to regulate the defendant by drinking alcohol level relatively high at the time of driving the alcohol of this case.