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(영문) 창원지방법원 진주지원 2013.12.19 2013고단1208
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 August 3, 2001, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on August 3, 2001, a summary order of KRW 1 million for the same crime at the same court on January 8, 2009, and a summary order of KRW 4.5 million for the same crime at the same court on September 5, 201, respectively.

【Criminal Facts】

On September 22, 2013, at around 02:08, the Defendant driven a B entertainment-type car under the influence of alcohol content of approximately 0.084% from the 2km section from the front day of the tower in the lower-dong of Jinju without a driver’s license to the front day of the stop machinery located in the same ordinary road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstances of the driving of the driver and a report on detection of the driver;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Application of criminal records and summary order under each Act 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.;

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