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(영문) 창원지방법원 밀양지원 2013.08.01 2013고단296

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Criminal power is a person who has been sentenced to a fine of KRW 500,000 on November 22, 199 to a violation of the Road Traffic Act (driving) in Changwon District Court Yangyang on November 22, 199; a fine of KRW 2 million on December 27, 2001; a fine of KRW 2.5 million in the same court on February 17, 2004; a fine of KRW 1 million due to the same crime in the same court on August 19, 201; and a fine of KRW 3 million in the same court on November 14, 201.

Criminal facts

On April 18, 2013, at around 20:25, the Defendant, without obtaining a driver’s license, driven a vehicle with B gallon in a state of drunk alcohol concentration of about 500 meters without obtaining a driver’s license from the front side of the apartment house in the East-si Hayang-si Fisheries, Hayang-si to the front side of the Busan Scki in the same Ri, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of the summary order of the same criminal records) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;