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(영문) 창원지방법원 2020.09.16 2020고단1598

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On January 14, 2008, the Defendant issued a summary order of KRW 2 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and on August 31, 2015, a summary order of KRW 4 million at the same court due to the same crime, etc. on August 31, 2015, and on May 29, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, and the judgment became final and conclusive on June 6, 2019.

【Criminal Facts】

On May 6, 2020, the Defendant, without obtaining a driver’s license on May 15:45, 2020, driven a D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of court rulings and other 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. The reason for sentencing [unfavorable circumstances] under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation [Article 55(1)3 (hereinafter referred to as the following favorable circumstances] of the Criminal Act, the fact that the defendant committed a second offense during the suspension period of the execution of the former and the former and the former and the former and the former (Violation of the Electronic Financial Transactions Act] reflects the fact that there are many kinds of identical or different criminal records, such as punishment, [patriarched circumstances], the blood alcohol concentration