beta
(영문) 창원지방법원 2015.06.03 2015고단272

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 December 22, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on December 22, 2008, and on April 2, 2010, sentenced to imprisonment with prison labor for the same crime and for one year and two years of suspended execution.

On December 29, 2014, at around 21:30, the Defendant driven a B-car on the 13-lane section of the apartment underground parking lot located in the Chang-si, Changnam-dong, Kimhae-si without obtaining a driver's license, from the Do in front of the mutual infinite-dong located in Chang-si, Chang-si, Kimhae-si, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a copy of judgment) and Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act 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 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime of the same kind despite the record of having been sentenced to suspended sentence due to the crime of violation of the Road Traffic Act, such as the crime of violation of the Road Traffic Act, as stated in the judgment of the lower court; and (b) the fact that the blood alcohol concentration level at the time of the instant

However, the defendant's mistake, such as disposal of the vehicle in this case, is divided and reflected, and there is no record of punishment as a violation of the Road Traffic Act due to drinking driving since 2010, and the defendant is the defendant.