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(영문) 창원지방법원 통영지원 2017.08.30 2017고단843
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal record] On July 21, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on July 21, 2006. On October 17, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime.

[2] On June 17, 2017, the Defendant was under the influence of alcohol of 0.130% in blood without a vehicle driver’s license on June 17, 2017, and the Defendant driven C, from the front side of the “Dlim-gu,” which is located in the center of Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Selim-gu, Do-dong-dong-dong-dong-gun

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: A reply to inquiries, such as criminal history, details of inquiry about management of primary reports, investigation reports (verification of criminal suspect's records at least twice driving), and application of a copy of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 under Article 62-2 of the Social Service Order Act, including the past record as indicated in the judgment since 2000, is that the Defendant was punished for driving under drinking or driving without a license on several occasions. In particular, even if the Defendant was punished by a fine due to the crime of driving without a license on two occasions or more in 2017, it seems that there is a high probability of recidivism in that the Defendant committed the instant crime. However, there is no history of having been sentenced to the suspended sentence of imprisonment or heavier punishment due to the same crime, and the Defendant disposed of the relevant vehicle after the instant crime.

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