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(영문) 창원지방법원 2014.06.11 2013고단1222

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

The defendant, at the Changwon District Court on February 1, 2008, has been sentenced to a suspended sentence of four months for a crime of violation of the Road Traffic Act, etc., and two million won for a crime of violation of the Road Traffic Act in the same court on June 18, 2012.

On March 30, 2013, at around 21:45, the Defendant driven B Poter cargo with a blood alcohol concentration of about 0.056% while under the influence of alcohol without obtaining a driver’s license from the front side of an insular restaurant located in the window of Changwon-si, Changwon-si to the front side of the smallsular road located in the same Gu.

Summary of Evidence

1. Application of the evidence list Nos. 1 to 6 by the prosecutor

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. It is so decided as per Disposition for the reason that discretionary mitigation is above Article 53 and Article 55(1)3 of the Criminal Act (i.e., blood alcohol concentration is not high);