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(영문) 창원지방법원 2013.09.10 2013고단716
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on January 16, 2008, a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on January 17, 201, and on January 29, 2013 to a summary order of KRW 3 million from the Changwon District Court's Jinju branch on January 29, 201, and has violated Article 44 (1) of the Road Traffic Act at least twice.

On February 16, 2013, at around 23:10, the Defendant driven a leisure car B while under the influence of alcohol leveling 0.086% without a driver’s license from approximately 100 meters away from the front of the Jeju apartment house located in Jin-gu, Jin-si, Kim Young-si to the front of the fire station located in the same Eup for profit-making of the Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 sentence of Article 62-2(1) of the Criminal Act on the grounds of probation and order to attend a lecture shall be suspended by taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 62-2(1) of the Criminal Act: (b) has no knowledge of the fact that the Defendant had been punished three times due to drinking driving since 2008; (c) has repeatedly committed the instant crime; (d) has repeatedly

In addition, it is necessary to eradicate drinking and unlicensed driving.

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