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(영문) 창원지방법원 밀양지원 2014.05.28 2014고단82
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

On April 2, 2012, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act in the Changwon District Court’s smuggling support on April 2, 2012, and three million won for the same crime in the same court on August 16, 2013.

On March 8, 2014, at around 19:58, the Defendant driven C Costex truck with the alcohol concentration of about 0.122% while under the influence of alcohol without obtaining a driver’s license from the national collection before the Myeon Office in front of the Myeon Office in front of the Myeonan-si, the Defendant was running the C Costex truck with the blood alcohol concentration of about 2km from the Myeonan-si to the Myeonan-si in front of the Myeonan-si.

As a result, the Defendant violated the prohibition of driving a motor vehicle at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the prohibition of driving a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of drinking drivers, report on the circumstances of drinking drivers, driver's license register, and driver's license records;

1. Previous records: The 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 Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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