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(영문) 창원지방법원 통영지원 2013.07.18 2013고단422

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 15, 2010, the Defendant was sentenced to a summary order of a fine of 2.5 million won at the Changwon District Court for a violation of the Road Traffic Act, and on June 14, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Free Driver’s License) in the same court.

On May 10, 2013, at around 17:50, the Defendant obtained a driver’s license under the influence of alcohol with a blood alcohol concentration of 0.052%, and from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the high school to the road at 14 km away from the Daejeon Highway, the Defendant driven the Cschton car.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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 2 of Article 154 and Article 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant can have been sentenced to a fine due to drunk driving or unlicensed driving. The crime of this case is a crime during the period of suspended execution due to the same kind of crime, which is disadvantageous to the defendant.

The sentencing grounds that the defendant reflects his/her mistake shall be considered as the grounds for sentencing favorable to the defendant, and the punishment identical to the disposition shall be determined by comprehensively considering all the grounds for sentencing, including age, family relationship