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(영문) 창원지방법원 2015.09.09 2015고단1215

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act by the Changwon District Court on December 15, 2008, a summary order of KRW 1.5 million with a fine for the same crime in the same court on April 5, 2010, and a summary order of KRW 5 million with the same crime in the same court on April 6, 2015.

On April 11, 2015, at around 03:10, the Defendant driven the Jinhae car with a blood alcohol content of about 0.188% under the influence of alcohol without obtaining a driver's license from a section of about 1k-ro 10 Doo-ro 10 Doo-ro 2, the same Gu-ro 10 Doo-ro 2.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer and report on the circumstances of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (A), reports on the results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 of the reason for sentencing under Article 62-2 of the Criminal Act includes not only the history of having been sentenced to a fine due to the crime of violating the Road Traffic Act, as stated in the facts constituting the crime, but also the same kind of crime as the crime of violating the Road Traffic Act, even though he had the record of being sentenced one time to a fine due to the crime of violating the Road Traffic Act, and again commits the crime of this case, and the fact that the blood alcohol concentration level at the time of driving of this case is high, etc

However, the defendant repents his wrongness.