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(영문) 창원지방법원 밀양지원 2016.08.04 2016고단284

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Gwangju District Court, etc., and was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act in the same court on October 26, 2010, and was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Changwon District Court on February 5, 2015.

On May 27, 2016, the Defendant, without obtaining a driver's license at around 23:17, driven D's car at approximately 500 meters away from the section of 500 meters to the northwest of the South west Road located in the Hayang-dong, in a state of 0.15% alcohol level in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. It is recognized that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are that the defendant repents his mistake.

However, if the defendant committed the crime of this case again during the period of suspension of execution for the same kind of crime even though he had been tried for the same kind of crime, the degree of alcohol level does not lower, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined like the order.