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(영문) 창원지방법원 마산지원 2017.11.14 2017고단887
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 August 9, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving alcohol) at the Changwon District Court, and on May 19, 2017, the Defendant was issued a summary order of KRW 3 million for the same crime.

[2] On August 30, 2017, at around 17:30, the Defendant driven CMW car under the influence of alcohol concentration of about 0.146% during blood without a driver’s license, from around 80 meters to around the roads of the same 79-gu Saemaeul-si, Changwon-si, Changwon-si, Masan-si, and the front 5 Changdong-dong and the front Do in the 79-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the situations of the driver at home), and report on the results of regulating the driving of drinking;

1. The driver's license ledger;

1. On-site photographs and CCTV images;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order for drinking driving);

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. 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: The history of punishment for the same kind of crime is two times, and the punishment is only imposed, and the drinking has also been operated in many times.

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

Although a proxy driver was not a driver of drinking at the time, the dispute seems to have been driven a short distance due to the lack of drinking, there are circumstances to consider the circumstances of the crime.

.for the same kind;

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