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(영문) 창원지방법원 2016.07.21 2016고단496
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 30, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on July 11, 2014, the Defendant was sentenced to imprisonment for six months and two years of probation.

On February 13, 2016, at around 01:50, the Defendant driven an Erocketing car with approximately 30 meters alcohol level 0.062% under the influence of alcohol level, without obtaining a driver's license from around 30 meters from the front day of the camping-gu Y25 March 13, 201 to the front day of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same type of judgment, etc.);

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. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: The past records of criminal punishment for the same kind of crime are several times, and the past records of probation for the same crime were during the period of probation for the same crime at the time of the crime in this case - favorable circumstances: confession and reflect, and the degree of drinking is not high, etc.

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