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(영문) 창원지방법원 2013.05.10 2013고단419
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2010, the defendant was sentenced to a suspended sentence of three years and six months for a violation of the Punishment of Violences, etc. Act at the Changwon District Court (a collective action, deadly weapons, etc.)

7.3. The ruling becomes final and conclusive and currently during the suspension of execution.

【Criminal Facts】

On January 11, 2013, at around 11:45, the Defendant driven a c-p-p-p-p-p-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of inquiry reports including criminal records, etc. and investigation reports (verification that a suspect is currently under probation period);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include a large number of the defendant's records of driving under influence and driving without a license. However, while the period of probation due to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the responsibility for the crime is very bad, and his/her mistake is against his/her own depth, and when a sentence of imprisonment is imposed, the sentence of one year and six months under the suspended sentence is imposed, and the defendant is sentenced to a prison sentence for one year and six months prior to the suspended sentence, and there is no too harsh aspect for the defendant in light of the progress of the case (On the other hand, according to the "notification of Probation Status" of the Changwon Probation Office as of May 8, 2013, the defendant seems to have complied with the direction and supervision of the probation office until now). The defendant sells his/her motor vehicle after the control of this case, and shows a resolution of the division of drinking under the influence of drinking operation.

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