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(영문) 창원지방법원 거창지원 2013.11.27 2013고단285
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 1, 2013, at around 18:35, 2013, the Defendant driven B otob, while under the influence of alcohol, without obtaining a motorcycle driver's license, from approximately 4km section from the front of the cafeteria located in the Gyeongcheon-gun, Gyeongcheon-gun to the front of the west-ro road in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on detection of drivers, response to requests for appraisal, and the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same 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 crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the defendant is against himself and his family members should support the crime of this case) is being committed without a license under the influence of alcohol and the defendant is trying to overtake the defendant while the cargo of this case is being driven by the defendant. The defendant's driving under the influence of alcohol is found to have a significant impact on the occurrence of the above traffic accident even if the driver's negligence in the occurrence of the traffic accident is high (refer to Articles 13 and 25 of the Investigation Records). However, although the defendant was sentenced to a suspended sentence of imprisonment with prison labor for more than 4 times and 5 times before driving without a license, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for more than 20 years on June 19, 201, and the defendant was sentenced to a suspended sentence of imprisonment with prison labor for more than 20 years on June 1, 2011.

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