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(영문) 창원지방법원 2017.07.19 2017고단1174
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 July 6, 2007, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on July 6, 2007, and a fine of five million won for a crime of violating the Road Traffic Act at the same court on April 18, 2015.

On March 15, 2017, the Defendant driven a car with approximately KRW 700 square B K7 meters up to the front of the Do square in front of the Do square in front of the Do square in front of the Do square, where the Defendant was under the influence of alcohol by 0.119% in the blood alcohol level while under the influence of alcohol leveling to 0.119% in the blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the Defendant again committed the instant crime even though he had a record of criminal punishment more than 10 times in total, including criminal records due to driving without a license for drinking alcohol (one time within the last three years) on several occasions.

However, the defendant is against the defendant, is not subject to criminal punishment of suspension of qualification or heavier punishment, and there was no accident due to driving without a drinking license.

Other drinking figures, age, sex, environment, motive for crime, and crime.

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