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(영문) 창원지방법원 2014.01.29 2013고단3855
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 28, 2009, the Defendant was sentenced to a suspended sentence of two-month imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on April 28, 2009, and three-month imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on May 17, 2012, and the said judgment became final and conclusive on May 25, 2012 and is currently under the suspended sentence.

【Criminal Facts】

On November 13, 2013, the Defendant driven D vehicles at approximately 500 meters from the back side of Samsung Bio-resources, which is located in the father-dong in Kimhae-si without obtaining a driver's license on November 13, 2013, to the roads located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (a sentence is inevitable in light of previous convictions, etc., but it is contrary to his or her erroneous recognition of his or her mistake, and is currently under difficult circumstances, etc., considered in balancing);

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