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(영문) 창원지방법원 2017.04.12 2017고단117
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 November 12, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon branch on November 12, 2014, and on October 6, 2016, for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), respectively.

On December 7, 2016, the Defendant driven a B-car under the influence of alcohol concentration of about 0.130% in alcohol without a driver’s license from approximately 1km to the small underground roadway located in the window of Changwon-si, 17 a.m. in the window of Changwon-si around 23:30 on December 7, 2016, when the Defendant was under the influence of alcohol concentration of about 0.130% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The commander of the Ma1 driver's license and the next comparison;

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 (a).

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. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend a lecture and Article 62-2 of the Act on the Punishment, etc. of Crimes again committed the instant crime even though the Defendant had a relatively recent history of being punished twice due to drinking driving, and there was an accident in which another driver's car, who was trying to avoid this accident, has lost its direction after driving the pent and has lost its direction.

In addition, the distance of the defendant's driving is not shorter than the distance, and the degree of alcohol is not weak.

However, the defendant is against the defendant, and the other driver does not seem to be different, and the family members and branch members of the defendant want to take the action against the defendant.

The age, sex, environment of the defendant, and others.

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