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(영문) 창원지방법원 통영지원 2017.10.11 2017고단897
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

[Power of crime] The Defendant was issued a summary order of KRW 4 million on April 14, 2015 by committing a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s through the Changwon District Court on April 14, 2015, and a fine of KRW 4 million on February 2, 2017 with the same crime, etc., respectively.

[2] On June 8, 2017, at around 22:35, the Defendant driven B e-car under the influence of alcohol concentration of 0.063%, without obtaining a driver’s license, at a section of about 2 km from the crym of Masan, which is located in the crym galm gradle, to the roads front of the center of the Tong-gu Livestock Cooperative, the Defendant driven B e-car without obtaining a driver’s license.

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. Each investigation report (a report on the situation of the driver in charge and a report on the control records);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related statutes;

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. In light of the fact that the Defendant was punished several times for the reason of sentencing under Article 62-2 of the Criminal Act for drinking alcohol or the crime of unlicensed driving, and that the Defendant committed the instant crime again for more than four months even though he/she was sentenced to a fine due to drinking or the crime of driving without a license on February 2017, the Defendant appears to have a high possibility of repeating the crime.

The main sentence is to comprehensively consider various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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