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(영문) 창원지방법원 2013.06.05 2013고단498

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 March 30, 201, the Defendant was sentenced to a fine of KRW 1.5 million by the Changwon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on October 10, 201, respectively.

【Criminal Facts】

On November 18, 2012, the Defendant, without obtaining a driver’s license, operated Epoter II truck from the 2km section to the front of the road located in the window C from the window in front of the Changwon-si household store located in the Changwon-si window, in the state of drinking of 0.14% of blood alcohol concentration without obtaining a driver’s license, at the 2km section.

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. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a) Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture are as follows: (a) since 2001, the Defendant has been unable to have been aware of the past five times for drinking and twice for driving without obtaining a license, and (b) repeatedly commits the same crime without being aware of the past record; (c) however, the execution of sentence is suspended by taking account of the following factors: (a) the Defendant’s mistake is against himself/herself; and (d)

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.