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(영문) 창원지방법원 마산지원 2014.03.25 2013고단988
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

The defendant, at the Changwon District Court on March 17, 2008, issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, with a fine of KRW 1.5 million, a summary order of KRW 2 million for the same crime in the same court on March 14, 201, and a summary order of KRW 5 million for the same crime in the Changwon District Court on February 20, 201.

At around 10:30 on November 5, 2013, the Defendant, without a driver’s license, driven a c1 ton truck at a section of about 20km from the front side of the Masan-si, Changwon-si to the entrance of the military north Toll in the Haan-gun, Hawon-gun, Hawon-si, the Defendant, while under the influence of alcohol content of 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and inquiry into the driver’s license;

1. Previous record: Application of a reply to inquiries, such as criminal records, investigation report (Attachment to the previous and copy 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;

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 Act, even though the defendant had a history of punishment several times due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant had no record of punishment heavier than the fine for the same kind of crime, the defendant's mistake is divided and does not cause any traffic accident, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.

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