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(영문) 창원지방법원 2013.08.13 2013고단1065
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million at the Changwon District Court on September 3, 2007 to a fine of KRW 1.5 million for a violation of the Road Traffic Act, a fine of KRW 2 million for the same crime in the same court on March 9, 2009, and a fine of KRW 4 million for the same crime in the same court on June 20, 201.

On April 3, 2013, at around 05:30, the Defendant, without obtaining a driver’s license, driven a BNEW EF rocketing car at approximately 0.096% under the influence of alcohol content at approximately 4 kilometers from the bus platform at the entrance of the village at the Dong-gu, Changwon-si, Changwon-si, Changwon-si, Seoul, to the front of the bus platform at the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, an Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a report on detection of a part-time driver, and a disqualified case of the main office;

1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of having been sentenced to a fine several times due to the violation of the Road Traffic Act.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment as punishment, the fact that the defendant is living in depth while making a confession, the circumstances favorable to the defendant, and the conditions of sentencing shown in the records, such as the age, character, conduct and environment of the defendant.

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