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(영문) 창원지방법원 2016.01.20 2015고단2833
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 May 13, 201, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Changwon District Court on May 13, 201, and on March 9, 2015, the same court issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (drinking driving).

On August 17, 2015, the Defendant driven a B-type vehicle under the influence of alcohol with approximately 150 meters alcohol concentration of 0.161% without a driver’s license, from around 23:40 on August 17, 2015, to the front side of the 301-ro, Kimhae-si, Kimhae-si, 301, G-type, Kimhae-si, Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

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 (verification of the same criminal history);

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 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 of Article 62-2 of the Criminal Act, committed the instant crime again under the influence of without a license even though he/she was sentenced to a fine for the crime of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, even though he/she had the same record on two occasions, and the amount of alcohol concentration at the time of driving of the instant case is very high, etc., are the grounds for

However, the fact that the defendant repents his wrong mistake in depth and reflects it, that the driving distance at the time of driving the drinking of this case is not long, that the defendant has no criminal record of suspended execution or more, that the defendant supports the mother who has difficulty in living alone, and that other matters are supported.

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