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(영문) 창원지방법원 2013.05.29 2013고단550
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 18, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court on May 18, 2009, a fine of three million won for the same crime in the same court on October 4, 2010, and a fine of three million won for the same crime in the same court on January 17, 201.

【Criminal Facts】

On February 4, 2013, the Defendant, without obtaining a driver’s license at around 21:28, driven a B rocketing car at a section of about 500 meters from the front of the dynatro, which is in the same Tri-dong in the Tri-dong in Kim Sea, to the front road, while under the influence of alcohol by 0.05% of the blood alcohol concentration.

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. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 punishment should be imposed in light of the fact that there has been records of punishment not less than three times for the same kind of crime for the sentencing reason under Article 62-2(1) of the Criminal Act, but the punishment shall be determined in favor of the defendant, such as the fact that the defendant reflects his mistake, the fact that he has no criminal record, etc.

In addition, probation and lecture order are added in order to encourage the eradication of drinking driving and unauthorized driving.

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

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