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(영문) 창원지방법원 거창지원 2019.02.20 2018고단351

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 21, 201, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court branch on January 21, 201, and a fine of KRW 3 million by the same court on February 27, 2015.

【Criminal Facts】

On November 27, 2018, the Defendant, without obtaining a driver’s license at around 15:40 on November 27, 2018, driven Category C cargo vehicles within approximately two kilometers from the roads in front of the Gyeongnam-gun, Chungcheongnam-gun, to the roads in front of the North Korean Commercial Safety Center located in the same Ri, while under the influence of alcohol of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, a survey report on the actual condition, a photo at the scene of accident, the ledger of driver's licenses, vehicle accident, inquiry into the results of crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report, and notification of the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a community service order: The Defendant, even though having been punished twice due to drunk driving, was engaged in drinking again, alcohol level was also very high, and favorable sentencing factors that are favorable to the fact that the Defendant caused an accident that occurred while driving under the influence of alcohol: The Defendant’s mistake and reflects, and the circumstances of drinking driving are likely to be considered.