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(영문) 창원지방법원 2013.07.12 2013고단977

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 9, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court on July 9, 2008 and a fine of KRW 4 million for the same crime at the same court on July 3, 2012.

【Criminal Facts】

On April 14, 2013, at around 07:50, the Defendant, without a car driver’s license, driven a BSkman car at a section of approximately 300 meters from the street in front of the eam elementary school in the city of Kimhae-si to the street in the same city from the street in front of the eamy school in the city of Kimhae-si to the outer road in the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (reports on criminal records and attachment of judgments);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence shall be suspended in favor of the Defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act: (a) since 2000, by repeatedly taking into account the following facts: (b) the responsibility for the same crime is grave; (c) the fact that he/she repeatedly reflects his/her mistake; and (d) the fact that he/she has no criminal record exceeding the fine, etc., without being aware of the fact that the Defendant had been punished once

In addition, probation and lecture order are added in order to encourage the eradication of drinking and unlicensed driving.

It is so decided as per Disposition for the above reasons.