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(영문) 창원지방법원 마산지원 2014.02.21 2013고단908

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 December 10, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court, on June 13, 201, a summary order of KRW 2,00,000 as a fine for the same crime from the Changwon District Court Msan Branch branch on the same day, and on March 11, 2013, a summary order of KRW 5,00,000 as a fine for the same crime from the Changwon District Court Msan branch on the same day.

On October 25, 2013, at around 20:25, the Defendant, without a driver’s license, driven a vehicle of 200 meters hump from a section of approximately 400 meters to the front road of the oil station located in the same Ri on the GSS in front of the Hanan-gun, Hanan-gun, Hannam-gun, under the influence of alcohol content of 0.071% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, the written measurement of drinking alcohol for drinking drivers, and the report on the circumstances of drinking driving;

1. Registers of driver's licenses and details of cancellation of drivers' licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (attached to previous records and copies of summary orders);

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 drinking driving, is not good for each of the crimes in this case, but there is no record of punishment heavier than the fine, the fact that the defendant has divided his/her mistake and does not cause any traffic accident, and other factors of sentencing as shown in the records, such as the age, character and behavior, character and environment of the defendant, shall be determined as per the order.