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(영문) 창원지방법원 통영지원 2014.09.17 2014고단619
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 19, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Northern District Court on December 19, 201, and the said judgment became final and conclusive on November 17, 2012 by the same court on November 9, 2012.

【Criminal Facts】

On March 8, 2014, at around 21:20, the Defendant driven a Cknife vehicle under the influence of alcohol content 0.075% without a car driver’s license at a section of about 30 meters from the front road to the front road of the lifelong post office in the same horizontal street 52-ro 52.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, details of disposition on cancellation of driver's licenses, notification on the results of the control of drinking driving, report on the state of driver's licenses, and report on the state of drinking driving;

1. Before ruling: Criminal records, etc. inquiry reports, the management and inquiry reports, and the application of Acts and subordinate statutes to investigation reports (the previous suspect and attachment of judgment);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has majority of the previous crimes and that the defendant has committed the instant crime during the period of suspended execution due to the same kind of crime, and it is inevitable to sentence the defendant as a sentence.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, means of committing the instant crime, and circumstances after committing the instant crime, shall be determined as ordered by taking into account the following factors: (a) the Defendant’s confession of the instant crime; (b) the family to be supported; and

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