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(영문) 창원지방법원 마산지원 2015.10.06 2015고단525
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 June 30, 201, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on June 30, 201, and on September 17, 2013, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court Branch Branch on September 25, 201, and the judgment became final and conclusive on September 25, 201

On April 7, 2015, at around 19:15, the Defendant driven Calba while under the influence of alcohol with 0.151% of alcohol concentration, without obtaining a motorcycle driver's license, from around 1km section from the hotel behind the hotel located in the Sinpo-si Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, to the front side of the same Gu Central Donpo-dong, to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial reports on driving drivers, and the statutes governing the register of driver's licenses;

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 2 of Article 154 and Article 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are the fact that the defendant had been punished several times due to drinking driving, and again, the defendant is selected to be sentenced to imprisonment in consideration of the fact that he/she committed the instant crime, but the defendant is divided into his/her mistake, and the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, circumstances after the crime, etc. are considered, and the punishment as ordered shall

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