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(영문) 창원지방법원 2013.11.22 2013고단2324
도로교통법위반(무면허운전)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

[criminal power] On November 5, 2012, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 5, 201, and on April 10, 2007, the Defendant was sentenced to a suspended sentence of imprisonment for one year for the same crime in the same court.

【Criminal Facts】

On July 8, 2013, the Defendant, without a driver’s license on July 23, 2013, driven Bchip car at the road section of approximately 200 meters, which is around 0.111% in the blood alcohol concentration while under the influence of 0.11% in the city of Kim Jong-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a copy of judgment) and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order shall be determined by taking into consideration the favorable circumstances, such as the fact that a defendant, for the reason of sentencing under Article 62-2(1) of the Criminal Act, has had two or more times since 2007 and has been punished for drinking driving, and the same crime has not been repeatedly applied in the same manner, but is against his/her mistake, and that it is also against his/her depth,

It is so decided as per Disposition for the above reasons.

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