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(영문) 창원지방법원 2016.03.25 2015고단3337

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on August 20, 2012, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act, which was sentenced to a fine of KRW 2 million for the same crime in the same court on March 10, 2014, and on May 13, 2015, the Defendant was sentenced to a summary order of KRW 2 million for the same crime in the same court on May 13, 2015 and was sentenced to a suspended sentence of KRW 2 million for six months for the same crime and on May 21, 2015.

On December 23, 2015, around 21:18, the Defendant driven a B-hurd vehicle with alcohol content of 0.20% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around the 1km restaurant located in Jin-gu, Jin-si, Kim Young-si from around 21:18 to before the human city located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. License register;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances favorable to the reason for sentencing) of the Act on the Mitigation of Small Quantity is that the defendant has been punished several times for the same crime, and despite the fact that the defendant has been under the suspension of execution due to a violation of traffic laws on roads, he/she has been under the suspension of execution. The defendant has been under the influence of drinking and without a license under inevitable circumstances.

In light of the fact that it is difficult to find out the circumstances, the sentence of sentence is inevitable for the defendant.

However, the order is the same in consideration of favorable sentencing conditions, such as the fact that the defendant commits a mistake, and other favorable sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.