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(영문) 창원지방법원 2015.11.20 2015고단1476

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On February 18, 2013, the Defendant was issued a summary order of two million won for a crime of violation of the Road Traffic Act at the Changwon District Court, and on August 5, 2013, the Defendant issued a summary order of four million won for a fine for the same crime, etc. at the same court on August 5, 2013, and on March 9, 2015, the Defendant was issued a summary order of eight million won for the same crime at the same court.

On May 29, 2015, around 01:30 on May 29, 2015, the Defendant driven a DNA SM7 car without a driver’s license, under the influence of alcohol 0.121% of blood alcohol content, from around approximately 1km to the road of the “Iriririju Station” located in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the state of drinking drivers, the results of the control of drinking driving, and the report on the state of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements (A), investigation reports (a copy, etc. of judgment) and Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime of the same kind although he/she had been sentenced to a fine for a violation of the Road Traffic Act several times as stated in the facts constituting the crime in the judgment of the court; and (b) the fact that the blood alcohol concentration level at the time of the instant drunk driving is very high, etc. that

However, the fact that the defendant repents his wrong mistake in depth and reflects it, and sells the vehicle of this case, etc., he again does not drive the vehicle of this case.