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(영문) 창원지방법원 마산지원 2017.05.11 2017고단235

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

[criminal history] On June 27, 2014, the Defendant was issued a summary order of KRW 1,50,000 for a violation of the Road Traffic Act at the Changwon District Court’s Changwon Branch on the grounds of the violation of the Road Traffic Act, and on December 12, 2014, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving), and on November 27, 2015, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving), and the same court issued a summary order of KRW 7 million for a violation of the Road Traffic Act at least twice.

[2] On March 3, 2017, around 23:35, the Defendant driven a 1 ton cargo vehicle B in the shape of alcohol concentration of about 0.083% while under the influence of alcohol level 0.083% in front of the water sea located in the same Ri from the Dondo in front of the vibration of Changwon-si, Changwon-si, Changwon-si, the Defendant driven a 1 ton cargo vehicle under the influence of alcohol level 0.083% without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, a statement of the circumstances of the driver under the influence of alcohol, a report on the situation of the driver under the influence of alcohol, and the register of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order for drinking driving);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case has been committed even though there was a record of being punished several times for the same crime.

The favorable circumstances: The crime of this case is against the law.

Punishment of a suspended sentence for the same crime.