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(영문) 창원지방법원 마산지원 2015.05.20 2015고단167
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 9, 2006, the Defendant received a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon District Court's rendered on November 9, 2006, and was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court's on November 12, 2007. On September 4, 2009, the Changwon District Court was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (driving). On September 2, 2014, the Defendant was sentenced to a suspended sentence of 1 year for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon Branch Branch's branch on September 2, 2014, and was sentenced to a suspended sentence of 3 years for a one-year imprisonment on September 12, 2014.

On December 8, 2014, without obtaining a driver's license at around 22:00, the Defendant driven a car with about 4 km XD from the front of the ice apartment shop in the Haban-gun, Haban-gun, Haban-gun, 0.158% alcohol level to 0.158% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation (specific vehicle driver) and CCTV image data for crime prevention attached thereto;

1. Photographss related to traffic accidents;

1. The ledger of driver's licenses on the accused;

1. Records of judgment: Criminal history records, etc., investigation reports (Attachment to a copy of judgment on cases of the same kind of suspect power), and summary order attached thereto, judgment, and application of Acts and subordinate statutes of the Ministry of Justice to the Agreement

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 (see the following reasons for sentencing) of the Criminal Act for discretionary mitigation are several times as the crimes of violation of the Road Traffic Act, such as the statement in the records in the judgment.

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