beta
(영문) 창원지방법원 통영지원 2016.09.22 2016고단932

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 history] On June 17, 2015, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (driving alcohol) at the Ulsan District Court on the grounds of a violation of the Road Traffic Act, and on April 12, 2016, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving alcohol) at the Changwon District Court’s branch branch, and was sentenced to a fine of two or more times for the same crime.

[2] On June 14, 2016, around 21:17, the Defendant driven a B-V car under the influence of alcohol alcohol 0.052% while under the influence of alcohol 0.052% without obtaining a driver’s license from a section of approximately 500 meters from the front of the land of the Gapo-dong in the Gapo-dong in the Gapo-dong in the Gapo-dong in the Gapo-dong in the Gapo-si in the Gyeongnam-si in the Gyeongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking, a statement in the circumstances of the driver under driving, and a report on the situation of driving under driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. 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. Although protection and observation, the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, driving of a fine due to a license without license, and driving of drinking or without license, the nature of the crime is not good (in particular, at the time two months have not passed since a summary order of a fine of KRW 4 million was issued due to the crime of driving under drinking, and at the time two months have not passed since it was issued due to the crime of driving under drinking), the Defendant’s age, occupation, sex, family relation, circumstances leading to this case’s crime, etc., taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, occupation, sex, family relation, circumstances leading to this case’s crime, etc., and the circumstances before and after the instant crime, it is so decided as per Disposition on