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(영문) 창원지방법원 진주지원 2016.05.11 2016고단177
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 January 30, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Busan District Court on September 26, 201, the Defendant issued an electronic summary order of KRW 4 million for a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court on September 26, 201, and on November 20, 201, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) at the same court.

On February 27, 2016, the Defendant driven a coo motor vehicle owned by the Defendant in the state of under the influence of 0.109% alcohol concentration in blood without obtaining a driver’s license from the front of the police box at Spocheon-si, Spocheon-si, Spocheon-si to the front of the same 2km section from the front of the police box at Spocheon-si, Spocheon-si, Spocheon-si to the front of the same Doncheon-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the circumstances of the driver driving of alcohol, report of the situation of the driver driving of alcohol, report of the situation of the driver driving without a license, and the register of driver'

1. Previous convictions: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (formers, court rulings and binding of summary orders);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that the defendant was punished several times due to the crime of drinking driving or non-licensed driving under Article 62-2 of the Criminal Act, and that the defendant committed the crime of this case, even though the defendant had been punished several times due to the reason of sentencing under Article 62-2 of the Criminal Act, and that the defendant's drinking value is considerable, although the criminal liability of this case is not minor, the defendant's punishment is determined as ordered by taking into account the favorable circumstances such as the defendant's violation of his criminal act, the fact that the defendant has no record of punishment, and other favorable circumstances such as the defendant's age and sexual behavior.

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