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(영문) 창원지방법원 밀양지원 2016.08.04 2016고단270

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 26, 2015, the Defendant was issued a summary order of a fine of seven million won due to a violation of road traffic law (drinking driving), etc. in the Changwon District Court (Seoul District Court) on February 26, 2015. On October 1, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court, etc. on October 1, 2015, and the judgment became final and conclusive on October 9, 2015.

1. On May 15, 2016, the Defendant, on May 15, 2016, driven one ton of the freight vehicles without a driver’s license in a section of approximately 1.5 kilometers from the road in front of his/her dwelling place to the road in front of his/her dwelling place, which was pushed down by the smuggling Police Station from the road in front of his/her dwelling place to the road in front of his/her dwelling place, at around 1.5 kilometers from May 15, 2016.

2. On June 6, 2016, the Defendant: (a) was driving a dPoter under the influence of alcohol concentration of about 0.056% in the 15 kilometers away from the front of the mountain village located in the Hayang-Eup, Hayang-si, Hayang-si on June 6, 2016 to the 25-line of the pension village located in the same city on June 6, 2016; and (b) was driving a dPoter under the influence of alcohol concentration of about 0.056% in blood alcohol level without the driver’s license.

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, the defendant has repeatedly committed the crime of this case during the period of suspension of execution for the same kind of crime even though he had a previous conviction in several times.