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(영문) 창원지방법원 진주지원 2013.07.03 2013고단536

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

[criminal power] On May 7, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on May 7, 2010, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the same court on April 19, 2013.

【Criminal Facts】

On February 7, 2013, the Defendant driven B Poter truck under the influence of alcohol content of 0.078%, without obtaining a driver’s license, from the front of the restaurant in which it is impossible to know the trade name in the Dong-dong at Jinju-si to the front of the sports ground restaurant in the same new harbor in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;