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(영문) 창원지방법원 마산지원 2014.10.14 2014고단782
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 7, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Busan District Court's branch court's order on March 7, 201, and on February 14, 2014, the Defendant was sentenced to imprisonment of KRW 1.2 months and fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Changwon District Court's Changwon District Court's order on February 14, 201, and was sentenced to a total of five times of records on July 30, 2014.

On August 16, 2014, at around 23:30, the Defendant driven a B-ro car while under the influence of alcohol content of about 0.130% without a driver’s license from the section of about 700 meters from the section of the blood alcohol content to the front road of the T-ro bus terminal located in the Seocho-si, Changwon-si, Changwon-si, Seoul Metropolitan City (hereinafter referred to as the “Seoul-si”), around 23:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and on the statement of the situation of drinking drivers;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, attach the same kind of judgment, and attach the results of search of prisoners);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant, although the defendant is not even 20 days after he was sentenced to a punishment due to a drunk driving, etc., and thus again commits the crime of this case since he was not released from the court, the drinking value is relatively high, and the defendant's age, character and behavior, environment, motive, means and consequence leading to the crime of this case, the circumstances before and after the crime of this case, and other circumstances shown in the records of this case shall be determined as above, taking into consideration the above circumstances

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