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(영문) 창원지방법원 밀양지원 2013.09.26 2013고단258
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 of the final judgment.

Reasons

Punishment of the crime

Criminal power is sentenced to a fine of 2.5 million won by the Ulsan District Court on July 6, 201, and a fine of 4 million won by the same court on November 10, 201 and the same court on November 10, 201, respectively.

On March 13, 2013, the Defendant: (a) around 22:18, 2013, at around 22:18, 2013, the Defendant driven a Dgallon car with a blood alcohol content of 0.143% under the influence of alcohol without obtaining a driver’s license from the 10km section of approximately 10km from the 10km section to the road in front of the 10km away from the cafeteria, and instead, from the mallon of the Gallon-gun, the Defendant was driving a Dgallon car with a blood alcohol content of 0.143% under the influence of alcohol.

around 19:44 on July 11, 2013, the Defendant: (a) operated a gallon car with a blood alcohol concentration of about 8km without a driver’s license at approximately 0.067% while under the influence of alcohol without a driving license at approximately 0.067% from the 8km to the entrance of a training house in the Sincheon-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, and inquiry into the results of the control of drinking driving;

1. Each driving license ledger;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62(1) of the Criminal Act:

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