beta
(영문) 창원지방법원 2016.03.25 2015고단3325

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, the summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime at the Changwon District Court on November 19, 2012, and the summary order of KRW 7 million for the same crime at the same court on June 16, 2014.

On November 1, 2015, the Defendant driven a B options car under the influence of alcohol content of 0.155% while under the influence of alcohol without obtaining a driver’s license from the section of approximately 1.5 kilometers from the middle-sea market in the Gosi-gu, Changwon-si to the lower-class road in the same Gu to the lower-class road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking alcohol, a statement of the circumstances of the driver at drinking, and a written confirmation for correction;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to suspect rulings);

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 of Article 62-2 of the Criminal Act, committed the same kind of crime under the same state of license even though he/she was sentenced to a fine due to a violation of road traffic law, as stated in the facts constituting the crime in the judgment, and the fact that the amount of alcohol concentration during the blood alcohol driving of the instant case is very high is the reason for sentencing disadvantageous to the Defendant.

However, the defendant has not been convicted of the suspension of execution or more for the same crime.