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(영문) 창원지방법원 진주지원 2016.06.29 2016고단364
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 11, 2014, the Defendant was issued an electronic summary order of KRW 1,50,000,000 for a fine for a violation of road traffic law in the Changwon District Court's Jinju branch, and on October 15, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

On April 15, 2016, the Defendant driven a B-hand car owned by the Defendant without obtaining a driver’s license from a section of approximately 200 meters away from the front of the diesel string, which is the diesel in the direction of the Jinju City, to the front road of the office of the competent certified customs broker, located in the same Dong, and without obtaining a driver’s license from a section of approximately 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the driving of the vehicle at home, report on the circumstances of the driver at home, inquiry of the results of crackdown on the driving of drinking, and the register of driver's licenses (A);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had been punished twice due to drinking driving and the driver's license was revoked, and that the defendant's drinking volume is considerable, etc., the criminal liability of the defendant is not less than that of the defendant, but the defendant's criminal liability is less than that of the defendant, such as the defendant's violation of his own crime and the fact that the defendant has no record of punishment other than the fine, etc., the defendant's favorable circumstances, such as the defendant's age and sexual behavior, etc., and the various sentencing

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