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(영문) 창원지방법원 2015.06.10 2014고단3432
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 17, 2007, the Defendant issued a summary order of KRW 1,500,000,000 by the Changwon District Court to a fine for a violation of the Road Traffic Act ( sound driving), and on June 24, 2013 by the same court on June 24, 2013, a fine of KRW 4 million is imposed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving).

On December 2, 2014, while under the influence of alcohol by 0.175% without a driver's license, the Defendant driven a CPoter cargo vehicle by driving approximately 3 meters away from the shooting distance Schlage parking lot located in the dong-gu, Changwon-si's counter, to the one-lane road without a driver's license.

On February 10, 2015, the Defendant, at around 10:30 on February 10, 2015, driven a Cpoter, a stable fluor, and a fluort vehicle in the section of approximately 70 kilometers around the end of the instant quarter to the roads near the end of the instant quarter of the Southern Sea Highway, which are located in the Jindo-si Do in the Jindo-si of Changwon-si without obtaining a driver's license.

Summary of Evidence

"2014 Highest 3432"

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in its judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to summary orders), and "2015 Highest 478";

1. Defendant's legal statement;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Items 1 and 43 of Article 152 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 37 and 38 of the Criminal Act aggravated concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is as stated in the facts constituting the crime.

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