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(영문) 창원지방법원 마산지원 2013.12.17 2013고단764
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 February 11, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court as a crime of violation of the Road Traffic Act (driving). On April 17, 2013, the Defendant was sentenced to a fine of KRW 7 million due to the same crime, etc. in the Changwon District Court Msan Branch.

On August 22, 2013, the Defendant, without obtaining a driver’s license on August 22, 2013, driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the results of crackdown on drinking driving, report on the measurement of drinking alcohol for drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (the same type of criminal records and attachment of judgment of a suspect), and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only two times of drinking driving and one time of driving without a license, but also several times of the crime of this case, despite the fact that the defendant had been punished several times of the crime of this case, the quality of the crime of this case is not good. However, the punishment as ordered shall be determined by taking account of the fact that the defendant's mistake is divided, the defendant did not cause traffic accident, the fact that there was no record of punishment by sentence, and the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, and environment, etc.

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