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(영문) 창원지방법원 마산지원 2013.10.17 2013고단529

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court as a crime of violation of the Road Traffic Act (driving). On January 22, 2013, the Defendant was sentenced to a fine of KRW 3 million for the same crime.

Around 00:30 on July 18, 2013, the Defendant, without a driver’s license, driven a motor vehicle with balp-turged from approximately 500 meters to the front road of the same Gu Seo-dong Seo-dong Seowon-si, Changwon-si under the influence of alcohol content of 0.098%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and the report on the circumstances of driving under drinking;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (a copy of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been subject to three times punishment for drunk driving, its contents are not good when committing each of the instant crimes again. However, the defendant has a deep depth of his mistake and did not cause any traffic accident, and other factors of sentencing indicated in the record, such as the defendant's age, character and behavior and environment, shall be determined as ordered.