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(영문) 창원지방법원 2016.08.26 2016고단1446
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 April 26, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (driving), and a fine of KRW 3 million by the same court on July 5, 2010.

around 01:50 on April 9, 2016, the Defendant driven a car B C car without obtaining a driver’s license on the section of approximately 25 km from the 25-km section to the 25-meter alcohol concentration at the front of the cafeteria cafeteria at Changwon-si, Seongbuk-si, Sungwon-si to the front day of Kimhae-si, the Defendant driven a car under the influence of alcohol concentration at around 0.162% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only the past record of having been sentenced to a fine twice due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, but also the past record of having been sentenced to a fine more than once. The Defendant again committed the same kind of crime despite the past record of being sentenced to a fine on one occasion due to a violation of road traffic laws (unlicensed driving), and the fact that the amount of alcohol concentration in the blood during driving of the instant case is very high at the time of driving of the instant drinking is the reason for sentencing unfavorable to the Defendant

However, the defendant is deeply divided and reflected in his mistake, and the defendant is the defendant.

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