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(영문) 창원지방법원 밀양지원 2016.05.12 2016고단2
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 2006, the Defendant received a summary order of a fine of one million won or more due to a violation of the Road Traffic Act at the Changwon District Court on the part of October 13, 2006, and the said order became final and conclusive on November 8, 2006. On November 6, 2008, the order was finalized on November 20, 2008 after receiving a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (driving) from the Seogwon Branch Branch Branch of the Daegu District Court on the part of November 6, 2008. On April 28, 2015, the above order became final and conclusive on May 14, 2015, by receiving a summary order of five million won or more due to a violation of the Road Traffic Act (driving).

On January 5, 2016, the Defendant driven a B-be under the influence of alcohol level of 0.070% without a driver’s license, at a distance of about 100 meters in the vicinity of the road located in the same Ri from the Do adjacent to the Do in the Do in the Do in the Do in the Do in the Sin-Eup, Sin-Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the defendant's protection and observation along with the suspended sentence of imprisonment, and community service order is also sentenced, and the defendant's age, sex and environment, motive, means and result of the crime, and circumstances after the crime are committed.

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