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(영문) 창원지방법원 2014.02.11 2013고단3105
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 30, 2009, the Defendant issued a summary order of KRW 2 million at the Changwon District Court for a violation of the Road Traffic Act at the Changwon District Court on November 30, 2009; on March 26, 2012, a fine of KRW 5 million for a violation of the Road Traffic Act at the Changwon District Court; and on March 26, 2012, a person who violated Article 44 (1) of the Road Traffic Act at least twice.

On September 22, 2013, the Defendant, without obtaining a driver’s license on September 22, 2013, driven a Category B motor vehicle from approximately 1km to the window distance in the window of Changwon-si, which is located in the window of Changwon-si under the influence of alcohol by 0.106% of alcohol concentration without obtaining a driver’s license on September 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of statutes of four copies of the summary order;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

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

6. The reason for sentencing under Article 62-2 (1) of the Criminal Act of the Act on Probation and Order to Attend shall not apply to the case where the accused, who has had a record of multiple times of punishment due to driving without a license for drinking alcohol, also drives without a license for driving under the influence of alcohol.

However, the punishment shall be determined as ordered in consideration of the fact that the mistake is recognized, the fact that there is no criminal record exceeding the fine, etc., and the fact that there is no criminal record, etc., and considering all other circumstances which form the conditions for sentencing, such as character, conduct

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