(영문) 창원지방법원 2018.01.09 2017고단3890

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(영문) 창원지방법원 2018.01.09 2017고단3890

도로교통법위반(음주운전)등

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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 September 9, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court, and a summary order of KRW 5 million for the same crime in the same court on January 23, 2017, respectively.

[2] On October 26, 2017, the Defendant driven a BF car under the influence of alcohol with approximately 0.072% of alcohol concentration in blood without a vehicle driver’s license from the section of approximately 500 meters from the front of the market public parking lot in the front of the market public parking lot in Changwon-si, Changwon-si, Seoul, to approximately 60 Do-ro 13-13, the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. Even though the defendant had a record of serving the sentence of Article 62-2 of the Criminal Act on the grounds of sentencing, the case is not weak in light of the fact that the defendant again committed the instant crime.

However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.

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