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(영문) 창원지방법원 2013.06.25 2013고단1217
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 3 months of suspended execution for a violation of the Road Traffic Act at the Changwon District Court on February 1, 2013, and the said judgment became final and conclusive on February 1, 2013, and is currently in the grace period. On December 29, 201, a fine of 4 million won for the same crime in the Changwon District Court Msan Branch on December 29, 201, and two million won for the same crime at the Changwon District Court on May 24, 2010, and the same criminal power is more than six times.

On April 27, 2013, at around 23:42, the Defendant, without a car driver’s license, driven a car of about 1 kilometer from the front road to the front road of the Dong department store located in the same Dong-si in Changwon-si, Changwon-si, under the influence of alcohol content by 0.182% of the blood alcohol content without a car driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of certified copies of judgment, etc.), investigation reports (verification reports on confirmation date);

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 with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has been sentenced to a fine or a suspended sentence on several occasions due to a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, etc. In particular, on January 24, 2013, he/she was sentenced by the Changwon District Court for eight months or three years of a suspended sentence and three years of a suspended sentence for a violation of the Road Traffic Act, etc.

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