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(영문) 창원지방법원 통영지원 2014.09.24 2014고단722
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on November 28, 2008, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on December 6, 2012.

On July 20, 2014, the Defendant, without obtaining a driver’s license on July 16, 2014, driven a DNA car from approximately 2 km to the string of the month in which the Defendant’s house located in Gyeongsung-gun in Gyeongnam-gun, with a blood alcohol concentration of 0.259% under the influence of alcohol at around 0.259%.

Summary of Evidence

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 and details of disposition for cancellation thereof;

1. Section 1: Application of Acts and subordinate statutes to the management report, review records, and criminal records of each main entry report;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to imprisonment for a period of four months due to a violation of the Road Traffic Act (unlicensed Driving) around November 2013; (b) and (c) again re-offending a period of two years under the current suspension of execution; and (c) the Defendant has a number of criminal records identical to those of the Defendant, and thus, it is inevitable to sentence the

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s confession and reflect on the crime of this case, the fact that the Defendant scrapped the driving vehicle and does not repeat again, the fact that there is a family member to support it, and other circumstances that form the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, means of crime, circumstances after the crime, etc.,

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