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(영문) 창원지방법원 진주지원 2014.10.21 2014고단883

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of KRW 70,00 to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the Jinwon District Court on May 9, 2008, a fine of KRW 1 million for the same crime in the same court on July 18, 2008, two years for a suspended sentence of imprisonment for April in the same court on December 3, 2008 due to the same crime in the same court on January 13, 2010, and a fine of KRW 7 million for the same crime in the same court on September 21, 2012, and two years for a suspended sentence of imprisonment for the same crime in the same court on September 21, 2012.

【Criminal Facts】

On July 29, 2014, the Defendant, while under the influence of alcohol 0.140% on blood alcohol level, driven a C Poter Cargo at approximately 10km section from the Defendant’s residence located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-nam, to the front of the C Poter in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind of power, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation have the record of being punished several times for the same crime, and the defendant committed the instant crime during the period of probation even though he was placed prior to the multiple times of probation, and the disposition within the society with regard to the defendant alone seems to make it difficult to prevent the drinking and unauthorized driving of the defendant.