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(영문) 창원지방법원 2016.08.26 2016고단1457

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 June 26, 2008, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic laws in the Changwon District Court’s Tongwon District Court’s branch on June 26, 2008, and on May 10, 2012, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution.

On April 29, 2016, at around 22:05, the Defendant driven a Eba motor vehicle under the influence of alcohol content of 0.122% without obtaining a driver’s license from around the house of the Defendant located in Kimhae-si D, to around 16, 316, as of the same time, from the 316-lane, from the 1km section before the IBK Enterprise Bank, to the road before the IBK Enterprise Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. The driver's license ledger (A);

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

1. Driving under the relevant legal provisions concerning criminal facts: Article 148-2 (2) 3 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 reasons for sentencing under Article 62-2 of the Criminal Act include not only the Defendant was subject to the punishment of a fine or suspension of execution four times due to the crime of violating the Road Traffic Act, but also the crime of violating the Road Traffic Act (non-licenseless Driving) once again committed the same kind of crime despite the fact that the Defendant had been punished once by the crime of violating the Road Traffic Act (non-licenseless Driving), and the fact that the amount of alcohol concentration during the blood transfusion at the time of driving the instant drinking is very high, etc. are the reasons for sentencing unfavorable to the Defendant.

However, the defendant has depthed the error.