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(영문) 창원지방법원 진주지원 2015.11.24 2015고단980
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 February 2, 2012, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act at the jurisdiction of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

On September 15, 2015, at around 20:45, the Defendant driven a B eth-sports cargo vehicle with a blood alcohol content of at least 0.088% under the influence of alcohol without a vehicle driver’s license from the front day of the “large-si Magdong” road located in the same Dong around that time to the front day of the “Mag-si Mag-dong” Mag-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, probationary records, confirmation before disposition [A], investigation report (Attachment to a summary order of the same kind of power), summary order, application of Acts and subordinate statutes concerning non-prosecution decision;

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. In light of the fact that the Defendant committed the instant crime since the issuance of a summary order on May 2015, even though he/she had been subject to punishment several times due to drinking and driving without a license, etc., the Defendant’s liability for the crime of this case is not easy.

However, the defendant is against the time of committing the crime of this case, and the defendant operates the vehicle.

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