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(영문) 창원지방법원 2016.07.15 2016고단1230

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 March 23, 2011, the Defendant was sentenced to a fine of two million won by the Changwon District Court for a violation of the Road Traffic Act (drinking driving), and on August 23, 2015, the Defendant was sentenced to a fine of five million won by the Changwon District Court for a violation of the Road Traffic Act (drinking driving).

As above, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and driven B rocketing car under the influence of alcohol leveling 0.136% from May 1, 2016 without obtaining the driver’s license in the section of about 200 meters from the Hann Sea to the apartment road, the United Nations, located in the front of a cafeteria-dong, the trade name in the vicinity of the tower in Kimhae-si, Kimhae-si, on May 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

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

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime under the same type of without a license even though he/she had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below, and that the amount of alcohol concentration in the blood during driving of the instant drinking is very high, etc., which are disadvantageous to the Defendant.

However, the defendant has been divided in depth and reflected in his mistake, and the defendant is suspended from execution.