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(영문) 창원지방법원 거창지원 2015.10.14 2015고단196
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

[criminal power] On September 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on September 29, 2009. On February 25, 2011, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around August 5, 2015, the Defendant had not obtained a motorcycle license in a section of about 2 km from the front of the Damcheon-gu, Damyang-gun, Gyeongyang-gun, to the front of the same Eup in the same Eup, the Defendant driven a 124C-free off-registered Occ under the influence of alcohol content 0.154% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Ratification (the report accompanied by the licence ledger and inquiry note);

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

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Despite the fact that there are a number of records of the same kind of crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, as long as the Defendant again commits the instant crime, it is necessary to punish the Defendant solemnly.

However, it is true that the defendant would not commit a crime against himself and will not repeat a crime, and the defendant drives Otoba.

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