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(영문) 창원지방법원 거창지원 2016.12.14 2016고단429

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

On January 17, 2007, the Defendant issued a summary order of KRW 2 million with a fine of KRW 3.5 million with a fine of KRW 3.5 million with a charge of violating the Road Traffic Act, etc. on August 27, 2010, and on October 27, 2016, the same court issued a summary order of KRW 6 million with a fine of KRW 3.5 million with the same court on October 27, 2016.

At around 17:10 on October 27, 2016, the Defendant, without obtaining a driver’s license, driven Bpoter II cargo vehicles with blood alcohol content of about 0.134% in a section of about 300 meters from the road near the road in Egropo-Eup to the Jin food in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records and copies of judgment);

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 sentence alternative imprisonment with prison labor (to select imprisonment with prison labor instead of a fine in consideration of the fact that the criminal record before the criminal defendant was punished for driving under influence of alcohol three times and that the blood alcohol concentration at the time of driving under influence of alcohol in this case was relatively high);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1,

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Article 62-2 of the Criminal Act, although the defendant disposed of the vehicle used for the crime of this case to C, it is judged that the risk of recidivism, such as the defendant's unauthorized driving, is still high (see, e.g., see 12 pages of investigation records, preventing the