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(영문) 창원지방법원 2013.10.11 2013고단2022

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

Reasons

Punishment of the crime

[criminal power] On May 18, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on May 18, 2009, and KRW 3 million as a fine in the same court on April 9, 2012.

【Criminal Facts】

On April 30, 2013, the Defendant, without obtaining a driver’s license at around 22:10, driven a 70-meter section from the restaurant in which it is difficult to find out the trade name moving in the Jinhae-si at Changwon-si while under the influence of alcohol at 0.09%, to the front day of the Home Packer in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (a) and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order shall be determined by taking into consideration the favorable circumstances, such as the following: (a) even though a defendant had been subject to three times or more due to drinking alcohol driving since 2004 and has been subject to punishment, he/she does not repeatedly impose such punishment; (b) he/she reflects his/her mistake; (c) the eradication of drinking alcohol driving in the future; and (d) the fact that he/she has no

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