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(영문) 창원지방법원 마산지원 2017.08.18 2017고단677
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2013, the Defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of road traffic laws (drinking driving) at the Changwon District Court's Musan Branch on the same day, and KRW 4 million as a fine for a violation of road traffic laws (drinking driving) at the same court on September 2, 2016.

On June 29, 2017, at around 21:40, the Defendant driven a vehicle BM3 car without a driver's license in approximately approximately 200 meters section from the day before the frequency of drinking in the sea located in the middle of Eup, and from the day before the golf practice center in the middle of Eup to the day before the same rithm, the golf practice center is cut off.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

3. Unfavorable circumstances: A favorable circumstance that once the same criminal history is possible but again commits the crime of this case: The fact that the crime of this case is recognized and reflected, and all the records of the crime are punished by a fine.

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