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(영문) 창원지방법원 거창지원 2016.04.20 2016고단50
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

【The Defendant issued a summary order of KRW 4 million on July 26, 2013 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Changwon District Court's branch on the following grounds: (a) on October 25, 2013, the Defendant was a person who had been punished on two or more occasions, such as having been issued a summary order of KRW 5 million for the same crime; and (b) on the other hand, the Defendant was a person who had been punished on two or more occasions, such as having been issued a summary order of KRW 5 million for the same crime; (c) on February 21, 2016, the Defendant was driving a motor vehicle at approximately 500 meters in front of a pregnant restaurant located in the same dong-gu, Changwon-gu, Changwon-gun, Changwon-gun, without a motor device bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, the driver's license register, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 48-2 subparag. 2, Article 154 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment provided for a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3)

1. Article 62 (1) of the Criminal Act on the suspension of execution (referring to repeated sentencing of the above sentence);

1. Protection and observation, and order to attend lectures under Article 62-2 of the Criminal Act (the defendant is likely to drive alcohol and repeat a unauthorized driver's license).

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