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(영문) 창원지방법원 밀양지원 2014.05.28 2014고단129
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 24, 2011, the Defendant was sentenced to a suspended sentence of two years on August 1, 201, for the violation of the Road Traffic Act, etc. at the Changwon District Court Msan Branch on October 24, 201, and the said judgment became final and conclusive on November 1, 201, and on November 2, 2012, the Defendant was issued a summary order of three million won for the violation of the Road Traffic Act (unlicensed Driving) at the Youngwon District Court’s Young-dong Branch Branch on November 22, 201 and the said order became final and conclusive on November 22, 2012

The Defendant, at around 14:00 on March 8, 2014, was under the influence of alcohol with approximately KRW 30 km of 0.168% in blood alcohol concentration around the road near the west-ri fishery letter, Hayang-Eup, Hayang-si, Hayang-si, Hayang-si, without obtaining a driver’s license, while driving CM3 vehicles without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

1. Before ruling: Application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1111, Jan. 1

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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