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(영문) 창원지방법원 마산지원 2013.08.14 2013고단414
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 26, 2011, the Defendant was sentenced to a suspended sentence of two-month imprisonment for a violation of the Road Traffic Act due to a violation of the provisions of the Road Traffic Act, etc. in the Changwon District Court Msan Branch on April 26, 201, and the judgment becomes final and conclusive on January 3, 2012, and is currently under the suspended sentence, and the same court on July 25, 201 issued a summary order of 2.5 million won for a violation of the Road Traffic Act on four occasions, and has the same kind of power punished for a violation of the Road Traffic Act.

On March 7, 2013, the Defendant, without a driver’s license around 00:20 on March 7, 2013, while under the influence of alcohol by 0.104%, driven C in the section of approximately 2 km from the front day of the Changwon-si Mapo-dong, Mapo-dong, Mapo-dong, and the lower part of the lower part of the lower part of the lower part of the lower part.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Concurrent concurrence: Articles 40 and 50 of the Criminal Act;

1. Discretionary mitigation: The punishment is determined as ordered in consideration of not only the history of punishment for the same kind of crime with the same reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, but also the fact that the same crime was committed even though the period of suspension of execution is under the same kind of crime, and other circumstances that form the sentencing conditions indicated in the records of this case.

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