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(영문) 창원지방법원 진주지원 2015.11.18 2015고단646

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 15, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, the summary order of KRW 2.5 million for the same crime in the same court on July 24, 2012, and the summary order of KRW 3 million for the same crime in the same court on January 25, 2013. On May 14, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for six months in the same court due to the same crime.

On May 14, 2015, at around 19:35, the Defendant driven CM3 motor vehicles under the influence of alcohol without obtaining a driver's license from approximately 2km section from the front of the relative main apartment road located in Jinju-si, Jinju to the front road of the Ginnam National Institute of Science and Technology in the same city, Ginnam National University of Science and Technology, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, statement in the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant would not drive under the influence of alcohol again, and that there is no criminal power for the defendant to punish him/her. However, in light of the fact that the defendant had been punished five times by imprisonment with prison labor for the same kind of crime on May 14, 201, and the defendant committed the instant crime under the suspension of execution for six months after being sentenced to the suspension of execution for the same crime on May 14, 2014, and that the defendant committed the instant crime under the suspension of execution, even though he/she was under the suspension of execution, and that the blood alcohol concentration of the defendant was not significant.