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(영문) 창원지방법원 2014.08.12 2014고단1151
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 3, 2009, the Defendant was sentenced to four months by the Changwon District Court for a violation of the Road Traffic Act (driving) and was sentenced to six months by imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 30, 2010.

On February 17, 2014, at around 21:20, the Defendant driven a motor bicycle driver’s license at approximately 100 meters, without obtaining a motorcycle driver’s license at approximately 0.116%, while under the influence of alcohol, B 124C B while under the influence of alcohol content at approximately 0.116%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. The motor vehicle driver's license ledger;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to judgments) 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 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - The reflection of favorable circumstances and the driving of motorcycles - The disadvantageous circumstances: the punishment of multiple punishments, etc. was imposed due to the crimes of the same or similar kind of crime - Other factors of sentencing specified in the records of this case, including the Defendant’s age, character and behavior, health conditions, home environment, motive, means,

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