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(영문) 창원지방법원 밀양지원 2013.10.10 2013고단370

도로교통법위반(음주운전)등

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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 April 19, 2010, the Defendant is a person who received a summary order of KRW 2.5 million from the Daegu District Court Kimcheon-do on the same crime as a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Seongbuk-gu branch on April 19, 201, and on October 15, 2010.

Criminal facts

At around 23:00 on May 2, 201, the Defendant driven a Brash vehicle with a blood alcohol content of about 20 km from the front of the common parking lot for the outer village in the 20km-si, Hayang-si, Hayang-si, Hayang-si, without obtaining a driver’s license, at a level of about 0.116%, from the front of the common parking lot for the outer village in the 20km-si, Hayang-do.

Accordingly, the defendant, who has violated the prohibition of driving under the influence of alcohol more than twice, was driving under the influence of alcohol in violation of the prohibition of driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 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. Article 62-2 of the Criminal Act to provide community service or attend lectures;