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(영문) 창원지방법원 2015.11.11 2015고단1594

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 26, 2009, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on February 6, 2012, and was sentenced to a summary order of four million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on February 6, 2012, and on September 19, 2014, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution at the Changwon District Court on September 27, 2014, and the said decision became final and conclusive on September 27, 2014, and is currently subject to the grace period.

On May 17, 2015, at around 22:15, the Defendant driven a eMW car in a state of approximately 0.090% of blood alcohol concentration at a five-lane section from the front of the Sungwon apartment apartment located in the upper south-dong in the Changwon-si without a driver's license to the front of the Gannam-si to the front road of the Ganhae-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on driving under the influence of alcohol, report on the state of a driver under the influence of alcohol, report on the state of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although the defendant is under suspension of the execution due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act, it is inevitable to sentence the defendant to a sentence on the ground that he/she is under the suspension of the execution.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant reflects the mistake, the fact that the defendant is obliged to support the defendant and his/her two marrieds, and the age, character and conduct of the defendant, the motive, means and consequence of the crime, etc., shall be considered and sentenced to the same punishment as the order.