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(영문) 창원지방법원 거창지원 2014.12.23 2014고단202
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 7, 2010, the Defendant was punished for a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on June 7, 2010, and the same court on January 9, 2013.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, at around March 28, 2014, at around 01:55, the Defendant driven a DNA car under the influence of alcohol content of 0.208% without a car driver’s license, from the street in front of Gohap-gun, Gyeongcheon-gun to the kncheon-gun, Gohap-gun, a knife-gun, a knife-gun, a knife-knife-knife-k

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state-owned driver, a statement on the state-owned statement, and a report on the request for appraisal of the state and blood alcohol concentration;

1. Registers, etc. of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (attached to the same type of judgment) and Acts and subordinate statutes;

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;

1. In light of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following sentencing grounds), the reason for sentencing is very high, the influence of drinking alcohol causes traffic accidents due to the influence of drinking, multiple previous criminal records, and the punishment for refusal of drinking again during the suspended execution period due to refusal of drinking measurement, and the punishment for refusal of drinking again was imposed one year prior to the instant crime, and the driving of a license without drinking alcohol again even if the person was punished for a fine of five million won due to the driving without drinking alcohol, and the punishment by the suspended execution or fine seems to be insufficient to prevent recidivism by the Defendant, it is inevitable to sentence the Defendant’s sentence.

provided, however, that the defendant will be supported.

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