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(영문) 창원지방법원 마산지원 2014.11.18 2014고단116

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 28, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court on January 28, 2008; on November 11, 2009, by a fine of KRW 3 million by a crime of violation of the Road Traffic Act; on July 25, 201, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Changwon District Court Branch on July 25, 2012.

On January 8, 2014, at around 16:00, the Defendant was under the influence of alcohol with 0.192% of blood alcohol concentration without a car driver’s license, and the Defendant was driving a B ethn vehicle at the section of approximately 10 kilometers from the LH apartment parking lot located in the Gyeongwon-gun, Gyeongwon-si, Changwon-si, Changwon-si to the Changwon-si, Mawon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and on the statement of the situation of drinking drivers;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of summary order);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant commits the instant crime again during the period of suspension of execution despite the fact that the Defendant was sentenced to suspended execution due to drinking and driving without a license, and that the Defendant committed the instant crime again during the period of suspension of execution, taking into account the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., and other factors of sentencing as indicated in the record, shall be determined as ordered.