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(영문) 창원지방법원 마산지원 2017.03.28 2017고단101
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

Punishment of the crime

[criminal history] On October 13, 2010, the Defendant received a summary order of KRW 3 million from the Seoul Northern District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), and on April 22, 2011, the Defendant received a summary order of KRW 3 million from the Seoul East District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving). On July 7, 2015, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a violation of the Road Traffic Act (dacting driving).

[2] On January 23, 2017, the Defendant: (a) driven a B rocketing car at approximately KRW 0.085% alcohol level without a vehicle driver’s license from the 500-meter section of the 500-distance section from the front side of the jun Island cafeteria in the Changwon-si, Changwon-si to the front road; (b) around 23:38, 2017, while under the influence of alcohol level 0.085%.

As a result, the defendant, who has driven a drinking twice or more, driven a drinking without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, reporting on the circumstances of drivers of alcohol, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning criminal facts, Articles 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: Although there have been three times the history of punishment for the same kind of crime, the drinking and non-licensed driving was also conducted.

The favorable circumstances: The crime of this case is against the law.

Spirits;

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