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(영문) 창원지방법원 통영지원 2013.04.18 2013고단11

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 November 15, 2006, the Defendant was notified of a summary order of a fine of 1.5 million won by committing a violation of the Road Traffic Act in the Changwon District Court’s territorial branch on November 15, 2006. On November 11, 2009, the Defendant was notified of a summary order of a fine of 5 million won by the same crime in the same court on November 11, 2009. On April 8, 201, the Defendant was notified of a summary order of a fine of 3 million won by the same court as the same crime.

On December 16, 2012, at around 13:55, the Defendant, without obtaining a driver’s license, driven C Poter Cargo at a section of about 1 km from the front side of the mother’s mother located in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, to the front side of the traffic origin located in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant reflects his/her gender and that the defendant has no criminal record of imprisonment without labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;