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(영문) 창원지방법원 마산지원 2014.01.23 2013고단831
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 August 4, 2008, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court due to a violation of the Road Traffic Act (driving). On September 11, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 months by imprisonment with prison labor for the same crime in the same court.

On September 7, 2013, the Defendant, without a driver’s license, driven the B-wing truck at a section of approximately 100 meters from the Haan Central Hospital located in the Haan-gun, Haan-gun, Haan-gun, Haan-gun, to the front of the oil station located in the same Ri, while under the influence of alcohol by 0.134% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, a certificate of measurement of drinking under the influence of alcohol and the circumstantial statement of the drinking driver;

1. A driver's license inquiry;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a summary order, etc. attached to the same type of power);

1. Article 152 subparagraph 1 of the corresponding Article 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 of the crime (the point of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished several times due to drinking driving or unlicensed driving, is not good for each of the crimes of this case. However, the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, and environment, and other factors of sentencing indicated in the records.

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