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(영문) 창원지방법원 2015.10.21 2015고단1494

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

At the Changwon District Court around May 2, 201, the Defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act (driving) and a fine of one million won for the same crime in the same court on October 26, 2009.

On May 31, 2015, the Defendant, without obtaining a driver's license at around 02:00, driven a car with low alcohol in the section of about 1km at the front of the Han River Hospital funeral hall in the same Si/Gu, while under influence of 0.117% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Inspection of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has the record of being sentenced to a fine for the same kind of crime more than twice, as stated in the facts constituting the crime in the judgment of the court below. The defendant has the record of being sentenced to a fine two times only for the violation of the Road Traffic Act (unlicensed Driving). The defendant again committed the same kind of crime despite the past record of violating the Road Traffic Act several times, and the blood alcohol concentration level at the time of driving of this case also high is the reason for sentencing disadvantageous to the defendant.

However, the defendant sells the vehicle owned by him, etc.