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(영문) 창원지방법원 진주지원 2015.01.08 2014고단1092

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 4, 201, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 4, 201, and was sentenced to imprisonment for six months with labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 17, 2013, and was sentenced to a suspended sentence for two months on December 25, 2013, and was sentenced to a suspended sentence on December 25, 2013 and for two times or more during the suspended sentence period.

【Criminal Facts】

On October 30, 2014, at around 22:30, the Defendant driven a Cpoter, 095% fluorbing truck with blood alcohol content, without obtaining a driver’s license, at a section of approximately 500 meters from the front day of the mutual influent sium in Sacheon-si Sacheon-si, Sacheon-si to the front day of Sacheon-si, Sacheon-si to the front day of Sacheon-si located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of crime records, 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of having been sentenced five times as a drunk driving. Nevertheless, it is inevitable to sentence sentence in light of the unfavorable circumstances, such as the fact that the defendant again committed the instant crime, even though he was under probation during the period of probation from the same crime.

However, in determining the term of punishment, the defendant's act of committing himself/herself is against his/her will and this judgment becomes final and conclusive.