beta
(영문) 창원지방법원 2015.09.03 2015고단1969

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 2, 2012, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution on August 2, 2012, and was sentenced to 8 months of imprisonment with prison labor on June 19, 2013 at the Busan District Court, which became final and conclusive on November 16, 2013, and was under the execution of each of the above punishment in the Busan Detention House. On June 30, 2014, the Defendant was released on June 30, 201 and the parole period expired on August 15, 201. On June 2, 2008, the Defendant was sentenced to a summary order of 2 million won of fine for violation of the Road Traffic Act (driving) and a fine of 2.5 million won of fine from the Changwon District Court on July 25, 2011.

On June 21, 2015, at around 21:30, the Defendant driven E-Poter Cargo Vehicles with approximately KRW 200 meters alcohol concentration 0.117% while under the influence of alcohol without obtaining a driver’s license from the front side of the “Dcafeteria” in Kimhae-si C to the front side of the “registered household” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (limited to criminal records of the same kind and attachment of written judgments and summary orders), and personal identification and confinement status;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances were taken into account in determining the sentence, such as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, in light of discretionary mitigation.

- Unfavorable circumstances: the fact that there is a large amount of criminal history of the same kind, the fact that the crime was committed during the repeated crime period due to the same kind of crime, etc. - Other circumstances such as confession and reflecting