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(영문) 창원지방법원 진주지원 2013.10.15 2013고단849
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 17, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

(2013 Highest 849)

1. On May 18, 2013, at around 07:25, the Defendant, without a driver’s license of a motor vehicle, driven a B-be truck equivalent to 200 meters from the front road in front of the erroneous road located in the same Ri from the 893-2 front day of the river in the Jin-si, Jin-si without a driver’s license, under the influence of alcohol content of 0.142%.

(2013 Highest 989)

2. Around 17:20 on January 19, 2013, the Defendant driven B cargo vehicles while under the influence of alcohol content of 0.169% without a car driver’s license for a portion equivalent to 3m in front of the 893-2 prior to the Jincheon-si, Jindo.

Summary of Evidence

【Fact stated in Paragraph (1) of the Criminal Facts】

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. The register of driver's licenses (the fact of crimes listed in paragraph (2));

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. On-site photographs (criminal records) of an accident;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts of a crime (the point of driving under a license without a license), Article 152 (2) 2 of the same Act, Article 148-2 (2) of the Road Traffic Act, and Article 44 (1) of the same

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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