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(영문) 창원지방법원 통영지원 2016.04.28 2016고단182

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 March 2, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking) at the Changwon District Court’s Tongwon District Court’s Tong branch on March 2, 2007; on November 28, 2008, a fine of KRW 2 million for a violation of the Road Traffic Act (drinking). On November 20, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (dacting) at the Changwon District Court’s Tong Branch branch branch on November 20, 2009; on November 20, 2013, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (dacting) with a fine of KRW 15 million for a violation of the Road Traffic Act (dacting) at the Changwon District Court’s Tong Branch Branch Branch on August 17, 2015.

Criminal facts

On February 26, 2016, the Defendant driven a D K7 vehicle under the influence of alcohol content of 0.062% while under the influence of alcohol without obtaining a driver’s license from the front of the building in a mutual influence, which is located in the ancient city, to the front of the Samsung Securities, located in the same Dong, from around 30 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of drinking control and report on the situation of driving under drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same type of judgment, etc.);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In addition, the defendant's age, occupation, sex, family relationship, and this case's crime is committed, since he/she was sentenced to a five-time fine due to the reason of sentencing under Article 62-2 of the Criminal Act, driving of drinking and non-licenseed driving, etc., and the quality of such crime is not good, even though he/she was sentenced to a five-time fine due to the reason of sentencing and driving of drinking, etc.