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(영문) 창원지방법원 2013.09.13 2013고단718

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act by Seoul Eastern District Court on April 6, 2007, and a person who was sentenced to a fine of KRW 2 million as a crime of violation of the Road Traffic Act in the Southern District Court on January 6, 2012.

【Criminal Facts】

On March 10, 2013, the Defendant, without obtaining a driver’s license at around 13:10 on March 10, 2013, driven B rocketing car from around 200 meters to the road front of the piracy parking lot located in the same Ri, under the influence of alcohol content of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and criminal investigation reports (Attachment to the previous and summary orders);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a meeting is to suspend the execution of a sentence by taking into account the following factors: (a) although the defendant is not well aware of the fact that he/she had been punished twice due to drinking driving since 2007 and repeatedly commits the same crime, his/her mistake is against him/her; (b) he/she has no criminal record exceeding the fine, etc.

In addition, probation and lecture order are added in order to encourage the eradication of drinking and unlicensed driving.

It is so decided as per Disposition for the above reasons.