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(영문) 창원지방법원 진주지원 2014.06.26 2012고합66

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 22, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 26, 2008, to a fine of one million won for the same crime, etc. at the same court on December 26, 2008, and a fine of two million won for the same crime, etc. at the same court on October 8, 2010. On September 15, 2010, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the same court on September 15, 2011, and completed the execution of the sentence at the Daegu Prison on October 10, 201. On November 1, 2013, the said court was sentenced to imprisonment with prison labor for one year and two months for fraud, and the said judgment became final and conclusive on December 30, 2013, and is currently in the execution of the sentence in the Jinju Prison.

[2012Gohap66] Around 02:30 on May 9, 2012, the Defendant driven a Croster car in the state of alcohol alcohol concentration of approximately 0.091% in a section of about 300 meters from the road before the Jindo-si Hop House to the road before the Gindo-si University Sports Center located in the same Dong.

[2012 Gohap130] Around 17:00 on July 26, 2012, the Defendant driven D EF rocketing car without a driver’s license on the road of the Jinju Police Station, which is in the upper-dong of Jinju Police Station at the time of Jinju, without obtaining a driver’s license.

Summary of Evidence

[2012 Gohap66]

1. Defendant's legal statement;

1. Report on the qualification of an employer, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Defendant's legal statement;

1. A criminal investigation report (general);

1. Registers of driver's licenses;

1. Previous records of judgment: Each inquiry report on criminal records, etc., previous records of dispositions, results of confirmation, investigation reports, and application of Acts and subordinate statutes of each judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

1. Article 35 of the Criminal Act among repeated offenders (that there is a criminal record of special larceny);

1. Judgment on both concurrent crimes and statutory mitigation of crimes provided for in the latter part of Article 37, Article 39(1) and Article 55(1)3 of the Criminal Act;