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(영문) 창원지방법원 2018.10.12 2018고단1766

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On April 20, 2007, the Defendant issued, at the Changwon District Court, a summary order of KRW 1 million, which is a fine for a violation of the Road Traffic Act, on September 14, 2009, a summary order of KRW 1 million due to a violation of the Road Traffic Act at the Changwon District Court on September 14, 2009, and a summary order of KRW 5 million due to a violation of the Road Traffic Act at the Changwon District Court on July 25, 2016, respectively.

On May 29, 2018, at around 23:20, the Defendant driven a D Spact-type car with approximately 500 meters alcohol concentration of 0.145% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front day of “lick-type loan” to the front day of “hack-gu Spact-type,” located at approximately 72, a route from 71:0 to 71:0, such as Kimhae-si, Kimhae-si, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, the means and results of the instant crime are shown in the records and arguments, such as the circumstances after the instant crime, age, sexual conduct, intelligence and environment, and criminal records.