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(영문) 창원지방법원 2013.07.17 2013고단1142
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 8, 2007, the Defendant was sentenced to a fine of KRW 3 million by the Changwon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on April 9, 2012.

【Criminal Facts】

On April 6, 2013, at around 00:02, the Defendant, without a car driver’s license, driven a vehicle of 1k-hurd-turd-turd-car from the front side of a restaurant where it is difficult to know the trade name in the Kimhae-si, while under the influence of alcohol by 0.170% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, such as 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 extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence shall be suspended in favor of the defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, taking into account the following facts: (a) since 2005, the criminal liability of the defendant repeatedly commits the same crime without being aware of the fact that he/she had been subjected to two times or more due to drinking driving; (b) he/she repeatedly reflects his/her mistake; and (c) he/she has

In addition, probation and lecture order are added in order to encourage the eradication of drinking and unlicensed driving.

It is so decided as per Disposition for the above reasons.

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