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(영문) 창원지방법원 2016.05.13 2016고단260
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 September 8, 2008, the Defendant received a summary order of KRW 3.5 million from the Changwon District Court to a fine of KRW 3.5 million due to a crime of violating the Road Traffic Act. On May 9, 201, the Defendant received a summary order of KRW 3.5 million from the Changwon District Court to a crime of violating the Road Traffic Act.

On January 9, 2016, while under the influence of alcohol content of 0.120% in blood without a driver's license, the Defendant driven a B Mt car from a section of about 100 meters from the front side of the window at Changwon-si to the road at the window string of the window at Changwon-si, which is located on No. 279, a 109.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver of a vehicle driving, notification of the results of crackdown on drinking driving, notification of the completion of correction, and report on the circumstances of the driver driving;

1. Investigative into the ledger of driver's licenses and the main office;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though not only was sentenced to a fine due to a violation of road traffic laws, such as the criminal facts stated in the judgment, but also was sentenced to a fine for a violation of road traffic laws (driving without a license), the Defendant again committed the instant crime, despite the fact that there was more the same record of fines for a violation of road traffic laws (driving without a license), and that the amount of alcohol concentration during the blood transfusion at the time of driving of the instant case is also high, etc., which are disadvantageous to

However, the defendant has depthed the error.

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