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(영문) 창원지방법원 진주지원 2013.09.10 2013고단718

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 January 19, 2009, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1 million for a crime of violation of the Road Traffic Act (Refusal of measurement of drinking), and on June 13, 2012, a summary order of KRW 1 million was issued from the Changwon District Court's Jinwon District Court to a fine of KRW 1 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 27, 2013, at around 17:13, the Defendant driven a 25-metric car with a blood alcohol concentration of about 0.091% while under the influence of alcohol at around 600 meters, without obtaining a driver's license, from the front side of the Gyeongan-gun, Gyeongan, the Military Court of the Republic of Korea via the branch of the expressway to the front side of the expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and letter of measurement of drinking of drinking drivers;

1. Registers of driver's licenses;

1. Application of criminal records, criminal orders, and other Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

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 ( normal consideration, such as the fact that he/she has no record of being punished by a fine or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;