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(영문) 창원지방법원 2014.04.04 2013고단3612
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 30, 2004, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on July 22, 2005, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 22, 2005, at the same court on July 5, 2007, two years of suspended execution in June of imprisonment for the same crime, and on March 8, 2010, 1.5 million won for the same crime at the same court on March 8, 2010. On October 26, 2012, the Defendant was sentenced to a fine of 1.5 million won for the same crime at the same court on April 25, 2013.

【Criminal Facts】

On October 16, 2013, at around 16:15, the Defendant driven a crento vehicle under the influence of alcohol content 0.221% while under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the front of the Marina Man-dong in the Kimhae-si to the front of the Daeyang oil station in the same Sin-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, register of driver's licenses, and inquiry into the chassis;

1. Records before judgment: Application of criminal records, etc. and 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 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. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant is against his or her will, the previous conviction in his or her judgment, and the fact that his or her friendly living together in the detention of

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