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(영문) 창원지방법원 마산지원 2014.04.15 2013고단397
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 October 4, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and at the same court on January 3, 201, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act.

On May 6, 2013, at around 22:15, the Defendant driven B-low-income vehicle under the influence of alcohol without obtaining a driver’s license in the section of about 2km from the roads near the synthetic M&A bus terminal in Changwon-si, M&A to the Changwon prison road in the same dynamic-dong to the Changwon prison road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of crackdown on drinking driving, and driver's license inquiry;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished several times due to drinking and unlicensed driving, choice of imprisonment is made in consideration of the fact that the defendant committed the crime in this case again, but there is no history of punishment heavier than the fine due to the same kind of crime, the defendant's behavior and character, environment, motive and circumstance of the crime in this case, and circumstances after the crime, etc., and the sentence is determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, the environment, the motive and circumstances of the crime in this case, etc.

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