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(영문) 창원지방법원 통영지원 2018.01.09 2017고단1447

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's port on May 23, 2017, and a fine of three million won or more due to a violation of the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court's port on May 23, 2017, and the Defendant was a person who violated two or more regulations on the prohibition of drinking driving on at least two occasions, such as being sentenced to a fine of three million won or more for a violation of the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court's port on July 29, 2017.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same type of crime record);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act of the community service and the order to attend lectures was revoked due to the driving of drinking, and the criminal punishment of four times of fines due to the driving of drinking, however, the driving of a motor vehicle was committed without a driver's license.

However, it is against the defendant's recognition of his own crime and there is no record of criminal punishment heavier than a fine.

The punishment shall be determined as ordered by taking into consideration the following factors: alcohol density, driving distance, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, and all the sentencing conditions shown in the previous theory, such as the records of this case and the changes.