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(영문) 창원지방법원 밀양지원 2016.05.04 2015고단466

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jeonju District Court on May 7, 2008, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Ulsan District Court on January 16, 2015, and on August 18, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Busan District Court on August 26, 2015, and the said judgment became final and conclusive on August 26, 2015.

On August 19, 2015, the Defendant driven a Grand Car under the influence of alcohol concentration of about 0.088% without obtaining a driver’s license from a section of approximately 2 km from the front line of the “small Station” in the vicinity of the Seodaemun-gu Seoul Metropolitan City, Ulsan-si Office to the front line of the “Yyang-gu, Ulsan-si, Ulsan-si” road in the same Gun.

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: Application of inquiry letter, such as criminal history, investigation report (Attachment to the judgment of suspension of the execution of the driving of a suspect and reporting thereon);

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, the crime of this case is not good, the defendant committed the crime of this case following the day on which he was sentenced to a suspended sentence for the same kind of crime even though he had been tried for the same kind of crime, and the defendant's age, sex and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined like the order.