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(영문) 창원지방법원 마산지원 2014.04.15 2013고단609
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

On October 8, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court due to a violation of the Road Traffic Act ( sound driving), and on November 19, 2012, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 1.5 million due to a violation of the Road Traffic Act ( sound driving) from the Changwon District Court’s Msan Branch on November 19, 2012.

At around 13:20 on July 12, 2013, the Defendant driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of judgment related to the same kind of suspect power) and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in consideration of the fact that the defendant, even though he had a history of punishment multiple times due to drinking driving, drives a motor vehicle without a driver's license, choice of imprisonment is made by taking into account the fact that the defendant has no record of punishment heavier than the fine due to the same kind of crime, that the defendant is able to repent his mistake and not to repeat the same mistake, and the punishment is determined as ordered by taking into account the sentencing conditions shown in the records such as the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime.

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