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(영문) 창원지방법원 2015.10.14 2015고단1555
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 November 5, 2007, the Defendant was issued a summary order of one million won for a crime of violation of the Road Traffic Act at the Changwon District Court, and on May 13, 2008, on the same court issued a summary order of two million won for the same crime, etc., and on April 22, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

On June 3, 2015, at around 20:55, the Defendant driven a B-hurged car without a car driver’s license in the 3km section of approximately 0.068% of blood alcohol content from the Do in front of the Do of the Kimhae-si, Kimhae-si to the front road of the “surgic household” in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the violation of the Road Traffic Act (driving, driving without a license), report on the control of drunk driving, and report on the situation of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of judgment);

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: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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's criminal liability is very heavy in light of the fact that the defendant committed the instant crime even though he/she had the power of having been sentenced to suspended sentence due to the violation of the Road Traffic Act, as stated in the crime of the crime of violation of Article 62-2 of the Criminal Act.

However, the fact that the defendant repents and reflects his wrong, and that the defendant has no record of punishment since 2011, and that there is no record of punishment.

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