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(영문) 창원지방법원 2018.08.31 2018고단1635

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

Criminal facts

On November 24, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court, and on July 3, 2017, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court.

On May 31, 2018, the Defendant, while under the influence of alcohol 00:35% in alcohol, driven a BM6 vehicle from around about 20 meters in the section of approximately 20 meters to the front road of the modern vehicle service in the same Dong and without obtaining a driver’s license, in the influence of alcohol 0.137% in the blood.

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, and 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, the various conditions of sentencing, such as the circumstances after the crime of this case, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were comprehensively taken into account, and the sentence like the order was determined.