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(영문) 창원지방법원 2013.05.07 2012고단3850

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 March 22, 2010, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act on May 12, 2011, respectively.

On December 1, 2012, at around 03:00, the Defendant, without a driver’s license, driven a vehicle of approximately KRW 5 meters from a vehicle of low-est C in a section of 5 meters from the roads front of the Sungwon-gu B apartment at Changwon-si to the cremation at the entrance of the same apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports, and 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 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime of driving without obtaining permission, even though he/she had been punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment as punishment, the fact that the defendant is making a confession and is in profoundly against the defendant, and the sentencing conditions shown in the records, such as the age, character and conduct and environment of the defendant