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(영문) 창원지방법원 거창지원 2016.06.01 2016고단102
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

【Criminal Records of Crimes】 On December 19, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Daegu District Court on December 19, 2006, and a summary order of KRW 3 million for a crime of violating road traffic laws at the Changwon District Court’s Changwon Branch on December 31, 2014, respectively.

【Criminal Fact-finding on April 17, 2016, the Defendant driven B 1 ton vehicle while under the influence of alcohol content of about 0.061% through a 2km section from the front day of the soup 2k-off to the road located in the monthly 2k-2 on the same side, in the form of money in 08:57 on April 17, 2016, which was the 08:57 on the Magnam-gun, Changnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and an investigation report (a notice of the results of crackdown on drinking driving shall be attached);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and statutes (Attachment to the previous and summary order, etc.);

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act, such as the provision of protection observation, community service, and order to attend a lecture, despite five times the punishment force due to drinking or non-licensed driving, the drinking or non-licensed driving of the instant case was caused by the influence of drinking driving, which led to the traffic accident of the central line, and the circumstance of the occurrence of the instant case, etc., that the Defendant is presumed to have continued to drive without a license prior to the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against his own crime, and that there is no criminal conviction or more than a suspended sentence is favorable to the defendant.

Each of the above.

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