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(영문) 창원지방법원 밀양지원 2013.12.05 2013고단553
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Criminal power is sentenced to a summary order of KRW 1 million on August 19, 2010 for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's Smuggling support on August 19, 201; on November 14, 2011, the same court issued a fine of KRW 3 million for the same crime, etc.; and on August 1, 2013, the defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court for the same crime, etc. and for the same month.

9. The judgment became final and conclusive.

Criminal facts

At around 21:30 on September 18, 2013, the Defendant driven a car with a gallon with a blood alcohol concentration of 0.128% under the influence of alcohol without obtaining a driver’s license from around 3km-ro 29-5 in the same Eup/Myeonnsan Central Road from the day before the house of Abna-gu, Aban-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, to the day before the house of 29-5.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the influence of alcohol, as a person who violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, investigation reports (the confirmation date of the final judgment and attachment of a summary order of the same kind of power);

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. Selection of imprisonment with prison labor chosen;

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

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