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(영문) 창원지방법원 2015.07.01 2015고단533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 4, 2010, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on the summary order, and on January 7, 201, to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act. On December 5, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act.

On February 9, 2015, at around 03:10, the Defendant driven a Cho-low vehicle without obtaining a driver’s license in a state of under the influence of alcohol 0.181% of alcohol content from the front of the New-Fish-ro, Kimhae-si to the front road of the Gwangju-si in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, statement of the circumstances of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports (A), investigation reports (a copy of judgment) Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for sentencing is that the defendant has been sentenced two times or more to a suspended sentence for the same kind of crime, despite the fact that the defendant committed the instant crime even during the suspended sentence period, and that the blood alcohol concentration level at the time of driving of the instant case is very high, it is inevitable to sentence imprisonment with prison labor for the defendant.

However, this case's age, character and conduct, environment, family relationship, motive means and result of the crime, conditions before and after the crime, etc. are divided and reflected by the defendant.

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