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(영문) 창원지방법원 2017.10.13 2017고단2464

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On July 26, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court Branch on July 26, 2013, and a summary order of KRW 4 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court on April 11, 2016, respectively. On March 17, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

On June 20, 2017, while under the influence of alcohol level of 0.076% in blood without a driver's license, the Defendant driven a car for C Spo-type in the section of approximately 800 meters from the front parking lot in front of the window of Changwon-si to the road in front of the window of Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, one copy of the judgment, and two copies of the summary order;

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 (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Mitigation of Small Quantity is that the defendant is divided in depth into and reflects his mistake, and there are some circumstances that may be somewhat considered in terms of the motive and circumstance leading to the instant crime.

On the other hand, the Defendant committed the instant crime without being aware of the suspension of the execution of imprisonment due to drinking, driving without a license, etc., which is disadvantageous to the Defendant.

In addition, various conditions of sentencing that are shown in the records and arguments, such as the circumstances and results of the instant crime, age, sex, intelligence, environment, and criminal records.