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(영문) 창원지방법원 2016.09.30 2016고단1937
도로교통법위반(음주운전)
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 August 17, 2009, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on the same day, and on June 26, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime in the same court on the same day, and two years with prison labor for the same offense.

On June 1, 2016, at around 00:15, the Defendant driven a F rocketing car under the influence of alcohol content of about 100 meters from a section of approximately 100 meters to a road of “Ek Center” located in D, “C studio” located in D, Changwon-si, Changwon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving under drinking, a statement of the situation of the driver under driving under drinking, and notification of completion of correction;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (Attachment to a copy of the same criminal record and summary order);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime under the same type of crime without a license even though he/she had been sentenced to four times of a fine or a suspended sentence due to the crime of violating the Road Traffic Act, etc.; and (b) the Defendant committed the instant crime under the same state of license; and (c) the amount of alcohol concentration at the time of driving the instant alcohol is very high, etc. that are disadvantageous to

However, as the defendant does not drive alcohol again and drive without a license, the defendant has repented and reflected his mistake in depth, and since June 26, 2013, it is nothing more than anything else.

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