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(영문) 창원지방법원 2016.02.04 2015고단2154

도로교통법위반(음주운전)등

Text

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

Reasons

Criminal facts

On October 24, 2011, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a crime of violating the Road Traffic Act at the Changwon District Court. On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court on June 27, 2014, and on July 5, 2014, and the said judgment became final and conclusive on July 5, 2014, and

On July 25, 2015, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of approximately 0.142% from the section of approximately 100 meters to the road front of the cafeteria, “Ahn House,” which is located in the Dobong-si in Kimhae-si, Kim Jong-si, to the road in front of the “honk,” which is located in the same Dong.

around 21:45 on September 16, 2015, the Defendant driven D Poter Cargo under the influence of alcohol level of 0.105% while under the influence of alcohol level of 0.105% without obtaining a driver's license from around the house of the Defendant in Kim Sea-si, Kimhae-si to the front road of Kimhae-si.

Summary of Evidence

"2015 Highest 2154"

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. "Inquiry about criminal history and report on investigation (a copy of the judgment before the same end of the case)" 2015 Madan 2664;

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (the same record during the latest five years);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: Crimes that have much history of criminal punishment for the same kind of crime, crimes committed during the period of probation from the same kind of crime, and crimes.