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(영문) 창원지방법원 마산지원 2015.10.20 2015고단661

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 19, 2014, the Defendant was sentenced to a suspended sentence of three years, probation, community service, or an order to attend a lecture for one year, due to a violation of the Road Traffic Act, etc. in the Changwon District Court Msan Branch on November 19, 2014, and the said judgment became final and conclusive on November 27, 2014, and is still under the grace period, and other persons are punished by a fine of seven million won or more for the same crime, etc. in the same court on January 10, 2014.

1. Around July 2, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) at approximately 12 km from the Do in front of the residence of the Defendant in Changwon-si, Changwon-si, Mawon-si, to the road in front of the construction site of the factory extension site in the Hawon-gun, Mawon-gun, Mawon-si, Mawon-si, Mawon-si, and driving the D Poter truck without a

2. At around 10:50 on July 3, 2015, the Defendant: (a) driven the Poter truck under the influence of alcohol content of 0.232% without a driver’s license, while under the influence of alcohol of 0.232%; (b) on July 3, 2015, the Defendant driven the above Poter truck in the influence of alcohol content of 0.232%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial statement statement report and the laws and subordinate statutes on the register of driver's licenses;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is divided, but the high drinking level of alcohol, drinking and non-licensed driving power can be admitted, and recidivism during the period of suspension of execution even after having been sentenced to a suspended sentence for the same crime, and it is also the record of being sentenced to a fine by committing a non-licensed driving during the period of the suspended sentence.