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(영문) 창원지방법원 2017.01.13 2016고단3437
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 27, 2007, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 3 million, and a fine of KRW 2.5 million from the Busan District Court to a violation of the Road Traffic Act on September 16, 2008, and a violation of the Road Traffic Act on November 7, 2008, etc. in the same court as a fine of KRW 3 million from the same court and KRW 8 million from the Changwon District Court to a violation of the Road Traffic Act on December 17, 2014.

On October 10, 2016, the Defendant driven a coo vehicle into D without obtaining a driver's license in the state of alcohol alcohol concentration of 0.161% from 1.5km to the front road of the C apartment complex, which is the Defendant's dwelling in the same city, from the Do Ka Center located in the Dok-si Kimhae-si, Kimhae-si, at around 22:45, to the dwelling of the Defendant in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 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. 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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the crime of this case again under the same type of without a license even though he had been sentenced to a fine more than twice in addition to the record of being sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, and the fact that the amount of alcohol concentration among blood alcohol at the time of driving of this case is very high, etc.

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