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(영문) 창원지방법원 2020.01.08 2019고단3270
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 Power] On June 11, 2015, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 6, 2019, at around 03:37, the Defendant, without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.154%. On the front road from the front road to the road in front of the building in which it is impossible to find out that the Defendant’s house does not have a driver’s license in the state of alcohol concentration of 0.154%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of running a driving, report on detection, report on the circumstantial statements of a driving driver, and investigation report (report on the circumstances of a driving driver);

1. License register;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

Disadvantageous circumstances: The defendant was driving in the state of full blood alcohol (0.154% of blood alcohol concentration) and caused a significant risk to the life and safety of others.

The defendant has been punished twice due to drinking driving, and has not been long after the previous punishment, and again committed the crime of this case.

In that it is a drinking driving without a license, the responsibility for the crime is more heavy.

A favorable circumstance: The defendant recognizes the crime of this case and does not repeat the same mistake.

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