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(영문) 창원지방법원 2015.07.15 2015고단777
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 March 10, 2014, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court due to a crime of violation of the Road Traffic Act, etc., and on April 4, 2015, the Defendant was issued a summary order of KRW 3 million by the same court with the same crime, etc.

On February 23, 2015, the Defendant, without a driver’s license, driven a B-learning car in the section of approximately 300 meters from the Do in front of the “Yongnam City,” located in the Sungwon-si, Sungwon-si, Sungwon-si, to the front distance in front of the fire station located in the same new Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the drinking driver and report on the circumstances of the drinking driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports (attached to summary orders, etc. and copies of summary orders) and statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are the reasons for the sentencing unfavorable to the Defendant, even though the Defendant had been sentenced to a fine for a violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment, even though he had the record of being sentenced to a fine, and again committed the same kind of crime under the same condition without a license. The fact that the blood alcohol concentration concentration at the time of driving of the instant case cannot be deemed to

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no criminal record of a stay of execution or more.

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