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(영문) 창원지방법원 진주지원 2014.01.14 2013고단433
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 18, 2012, the Defendant issued a summary order of KRW 2 million by the same court on May 21, 2012 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on April 18, 201, and a fine of KRW 2 million by the same court on May 21, 2012, the Defendant has the same kind of power in addition to the issuance of the summary order.

【Criminal Facts】

On August 20, 2012, at around 17:00, the Defendant driven a B rocketing car from 3km to the roads front of the arboretum station located in the new ambrithal ambrith of Jinju, under the influence of alcohol by 0.239% without a car driver’s license, from the day before the arboretum station located in the new ambrith of Jinju to the other ambrithal.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Control note;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Suppression photographs;

1. Criminal records, each summary order, and application of statutes governing judgment;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., extenuating circumstances where there is no past record of the suspension of the execution of imprisonment or heavier punishment for the same crime);

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