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(영문) 창원지방법원 진주지원 2013.06.12 2013고단460
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2006, the Defendant issued a summary order of a fine of one million won in the Jinwon District Court's Jinju branch on the charge of violating the Road Traffic Act (Minju). On November 30, 2010, the Defendant had the record of having been sentenced to a suspended sentence of two years for six months in prison due to the same court's violation of the Road Traffic Act (Minju).

On April 1, 2013, at around 23:42, the Defendant, without a driver’s license, driven a vehicle with a 300-meter B trucking freight at the front of the D.C. in front of the road in the same Dong as in front of the G.C., in a state of being drunk with a 0.101% alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;

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