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(영문) 창원지방법원 마산지원 2016.01.14 2015고단1055

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 January 24, 2011, the Defendant is a person who has been sentenced to a fine of 2.5 million won at the Changwon District Court for a violation of the Road Traffic Act (driving) and a fine of 5 million won at the same court support on April 17, 2015 for the same crime at the same court support on April 17, 2015 and has the ability to punish drinking drivers at least twice.

On December 12, 2015, at around 00:40, the Defendant driven a B window-type car without a driver’s license with approximately 2km from the Do in front of the bus terminal located in the same Shinpo-dong to the pre-road in the same new-dong-dong, with approximately 0.080% alcohol concentration in the blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished several times due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant committed the instant crime, but the defendant is divided into his/her mistake, the defendant's age, sex, environment, motive and background of the instant crime, and circumstances after the instant crime, etc. shall be determined as ordered by taking into account the following factors: