beta
(영문) 창원지방법원 2016.04.22 2016고단99

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2008, the Defendant is a person who has been sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on September 16, 2008, and on January 21, 2015, the same court issued a summary order of four million won for the same crime.

On December 8, 2015, the Defendant, without obtaining a driver’s license at around 21:39, driven a B rocketing car at approximately 200 meters away from the 46-lane 46-ro, Changwon-si, Changwon-si, Seoul, to the front side of the knive-ro 46-ro, Changwon-si, Changwon-si, an Eup, at the speed of 0.107% alcohol in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at a driving school, notification of completion of correction, inquiry of the results of crackdown on drinking driving, and a statement of the circumstances of the driver at a driving school;

1. Investigative into the ledger of driver's licenses (A) and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to a summary order of the same kind of power);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime under the same type of without a license even though not only had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below, but also had the record of being punished twice more than twice for the same crime. The Defendant, at the time of driving alcohol of this case, is also a reason for sentencing disadvantageous to the Defendant.

However, in order for the defendant to park his vehicle in the neighboring parking lot, the fact that the defendant repents in depth and reflects the error.