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(영문) 창원지방법원 2019.10.18 2019고단2218

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 4, 2012, the Defendant received a summary order of KRW 2 million from the Changwon District Court on the charge of violation of the Road Traffic Act.

Nevertheless, at around 23:20 on July 10, 2019, the Defendant, without a car driver’s license, driven a car with approximately KRW 12 km Eworka car at the 12km-dong parking lot in the Changwon-si, Changwon-si, through Changwon-si, through the Changwon-si, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The circumstantial statement of the employer and the circumstantial report of the employer, as the case may be,

1. Registers of driver's licenses for motor vehicles and disqualified meetings for the main office;

1. Previous convictions in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.

Defendant has been punished for the same kind of crime.

However, considering the fact that the defendant recognized the crime of this case and did not repeat the crime, the defendant's age, character and conduct, family relation, environment, circumstances leading to the crime, motive, means and result, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors in the trial process of this case, such as the circumstances after the crime.