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(영문) 창원지방법원 2019.07.24 2019고단1244
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 7, 2006, the Defendant issued a summary order of KRW 700,000,000 to the Changwon District Court for a violation of the Road Traffic Act (driving). On August 4, 2006, the same court issued a summary order of KRW 2 million as a fine for the same crime, and on December 11, 2017, the same court issued a summary order of KRW 2.5 million as a fine for the same crime.

【Criminal Facts】

On May 11, 2019, while under the influence of alcohol 0.091% on blood alcohol level, the Defendant driven a DNA-low-water vehicle under the influence of alcohol level 0.091% under the influence of alcohol level from the front to the front road of about 200 meters, without obtaining a driver’s license from the front road to the front road of the same Gu.

As a result, the Defendant violated the prohibition regulations on drunk driving more than twice and drives a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition regulations on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), Article 152 subparagraph 1, and Article 43 (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, the Defendant’s blood alcohol concentration (0.091%) and the details and circumstances of the instant crime and the circumstances after the crime.

Unfavorable circumstances: The defendant has been aware of the past three times of having been punished for the same crime.

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