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(영문) 창원지방법원 마산지원 2014.01.23 2013고단761
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 November 1, 2010, the Defendant received a summary order of KRW 3,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 6 million on January 17, 201 from the same court to a fine for the same crime, etc.

On August 13, 2013, at around 20:20, the Defendant operated B Poter, Spos, Spos, and faf-faf-faf-faf-faf-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the results of crackdown on drinking driving, report on the measurement of drinking alcohol for drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (a copy of judgment, etc.);

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. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking driving or unlicensed driving, they again committed each of the crimes of this case, and the blood alcohol concentration is very high, and thus, the nature of the crime is not good. However, the defendant's mistake is divided, the defendant does not cause traffic accident, there is no history of punishment due to a sentence, and other sentencing conditions shown in the records, such as the defendant's age, character and behavior, character and environment, shall be determined as ordered by the order.

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