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(영문) 창원지방법원 2015.06.10 2014고단3452
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant issued a summary order of KRW 2 million at the Changwon District Court on October 20, 2008 for a fine of KRW 2 million for a violation of the Road Traffic Act (driving). On December 28, 2009, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 28, 2009. On May 8, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) and on May 16, 2013.

On November 22, 2014, at around 20:15, the Defendant driven a Dsch Rexton car under the influence of alcohol concentration of 0.093%, without obtaining a driver’s license, from the front of the Kayang Hospital, which is located in the direction of the Jinhae-gu, Changwon-si, Changwon-si, to the front road of the Jinyang-gu, Changwon-si, Jin-si, Jin-si. In addition, the Defendant driven the Dsch Rexton car under the influence of alcohol concentration of 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and inquiry into the results of the regulation of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a copy of judgment) and Acts 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: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is continuously repeating drinking and unlicensed driving despite the force of having been sentenced to a suspended sentence due to the crime of violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court, and is a crime committed during the suspended period due to the same crime.

However, the defendant's mistake is unfolded and reflected in depth, drinking, and so on.

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