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(영문) 창원지방법원 진주지원 2016.09.07 2016고단507
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment of eight months, and Defendant B shall be punished by a fine of 70,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A on February 24, 2009, the Busan District Court issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in Busan District Court's Dong Branch, and on September 3, 2009, the same court issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (free license). On November 12, 2013, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (free license), and on April 25, 2014, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (free license).

1. On May 22, 2016, at around 20:20, Defendant A driven a D-A-hurd-hurged car owned by B while under the influence of alcohol content of about 0.068% without obtaining a driver’s license from the 3km-hurg-dong in the Yacheon-si, Yacheon-si to the roads in front of the Samcheon-gu, Yacheon-si, the same city’s mountain zone.

2. Defendant B, with knowledge of the date and time set forth in paragraph (1), and at the place, the above Defendant 2 aided and aided and aided A’s drinking driving by providing the said vehicle and key to the said vehicle with an A-to-purd vehicle with a view to aiding and abetting the said vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Notification of the results of the control of drinking driving, the report on the state of state of drinking drivers, the report on the state of state of drinking driving, the register of driver's licenses (A) and the next red inquiry (D);

1. Previous convictions indicated in the judgment: Application of criminal history records, reference reports (No. 29 through 31 of the evidence records), investigation reports (Attachment of summary orders of the same kind of power), and Acts and subordinate statutes (No. 32 through 42 of the evidence records);

1. Defendant A of the pertinent law on criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a without a license): Defendant B of the same Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 32 (1) of the Criminal Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty;

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