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(영문) 창원지방법원 마산지원 2014.01.23 2013고단842
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 March 10, 2008, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on March 10, 2008; on March 24, 2008, the same court received a summary order of two million won by a fine for the same crime; and on September 26, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment for the same crime at the same court on September 26, 2008.

On September 13, 2013, at around 20:20, the Defendant driven B automobiles from the 1km section of approximately 1k to the chill distance in the East-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, the 0.152% alcohol content without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a report on detection of a drinking driver;

1. Inquiry letter of driver's license and details of revocation thereof;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished several times due to drunk driving or unlicensed driving, has again committed each of the crimes in this case and the blood alcohol concentration level is high. However, although the defendant was punished for the same kind of crime, a considerable period of time has elapsed since the defendant was punished for the same kind of crime, the defendant is deeply divided his mistake and does not cause traffic accidents, and other sentencing conditions in the records such as the defendant's age, character, conduct and environment are considered to be determined as ordered by the order.

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