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(영문) 창원지방법원 마산지원 2017.08.29 2017고단720

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On August 6, 2012, the Defendant was notified of a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Branch Branch, and on November 12, 2013, the Defendant was notified of a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court, and on October 8, 2014, sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court Branch Branch.

[Criminal facts] On June 3, 2017, the Defendant driven B Poter truck under the influence of alcohol content of 0.168% without obtaining a driver’s license from around the roads of the Gun north-Myeon office located in the Gun north-gun, Chungcheongnam-do to the roads in front of the New Changdong Center located in the same Myeon and located in the same Myeon.

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the circumstances of the driver at drinking, and a written measurement of the driver at drinking;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (Attachment of criminal records and written judgments of the suspect);

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 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 sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: the defendant includes a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drawing driving).