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(영문) 창원지방법원 통영지원 2018.04.25 2017고단1903

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violating the Traffic Act on May 24, 2017, and the said judgment became final and conclusive on June 1, 2017, and has five same criminal records including those currently under suspended sentence.

[2] On October 17, 2017, the Defendant driven D rocketing car under the influence of alcohol content of about 0.124% while under the influence of alcohol without obtaining a driver’s license from about 15 meters from the roads front of the day-to-day, Gapo-dong in the city of Gapo-dong to the roads front of the Krash in the same Dong, and without obtaining a driver’s license from around 15 meters.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle in the state of drinking again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

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

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

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant had been punished five times as a crime of drinking since 2002, and in particular, even though he/she was punished as a crime of drinking alcohol on May 2017, the defendant's compliance consciousness is weak and may cause harm not only to the defendant himself/herself, but also to the life, body, and property of others.

The defendant's age, sex, environment, and crime.