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(영문) 창원지방법원 2014.08.26 2013고단3976
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on March 17, 2008, was punished by a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 9, 2009, a fine of 1.5 million won for the same crime at the same court on February 9, 2009, and a person who was sentenced by the same court on July 4, 201 to a fine of 3 million won for the same crime and violated Article 44(1) of the Road Traffic Act not less than twice.

On November 30, 2013, at around 23:05, the Defendant, without a car driver’s license, driven a B-wing truck at a section of about 200 meters from the front day of the bridge in Kimhae-si to the front day of the annual parking lot located in the same Dong, while under the influence of alcohol by 0.065% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2(1) of the Criminal Act Article 62-2(1) of the Act on Probation and Order to Attend shall not be applied to the case where the defendant, who has been punished several times due to driving without a license for drinking alcohol.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the fact that the drinking water of this case is not high, the fact that there is no criminal record exceeding the fine, and other circumstances which form the conditions for sentencing, such as the character, conduct and environment of the defendant, the punishment shall be determined like the order.

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