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(영문) 창원지방법원 통영지원 2019.09.19 2019고단588

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 14, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court’s branch on August 14, 2013, and KRW 3 million for the same crime in the same court on June 21, 2018.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act two or more times, on May 4, 2019, at around 01:30, the Defendant driven B car without a driver’s license, a vehicle under the influence of alcohol level of about 2km from a distance of about 0.139% at a distance of about 0.139% from the front of the post office located in the Gapo-dong in the Gapo-dong in the same city to the front of the Gapo-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Drinking control photographs;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts; Article 152 (1) and Article 43 of the former Road Traffic Act concerning the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant's records of the same crime, driving background, driving distance, driving distance, the degree of exploitation, the time of and reflects the crime; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the punishment as ordered shall be determined in consideration of various sentencing conditions under Article 51 of the Criminal Act, including circumstances after the crime.