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(영문) 창원지방법원 2016.03.25 2015고단3360

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Changwon District Court on June 2010, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Changwon District Court on August 12, 2015 and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Changwon District Court on August 20, 2015, and the said judgment becomes final and conclusive on August 20,

On November 3, 2015, the Defendant, without obtaining a driver's license of a motor vehicle at around 23:20 on November 3, 2015, driven a Cchip motor vehicle at a section of approximately 150 meters prior to the 150-meter road in front of the cchip parking lot in front of the cchip parking lot in the cchip in front of the cchip in the cchip in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violation of the law of the driving of drinking, notification of the results of regulating the driving of drinking, statement of the circumstances of the driver of the driving of drinking, notification of completion of correction, and inquiry into the results of crackdown on driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the previous convictions and judgment, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following favorable circumstances among the reasons for sentencing) of the Act on the Mitigation of Small Quantity is that the Defendant was sentenced to imprisonment with prison labor for the same crime three times or to suspended execution, and there was a record of being sentenced to a fine several times (five times or five times or five times or one time or more of a licenseless driving). Moreover, despite the present suspended execution period, the instant crime was repeated despite the fact that the Defendant committed the instant crime. In light of the fact that the alcohol concentration in blood during the instant driving is relatively high, it is inevitable to sentence the Defendant to imprisonment with prison labor.

However, it is against the defendant's wrong behavior.