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(영문) 창원지방법원 2013.05.15 2013고단548
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 January 15, 2013, at around 23:55, the Defendant, without a car driver’s license, driven B Radon car at approximately 1.5 km from the front side of the general four-lane restaurant in the Changwon-gu, Sungwon-si to the front side of the Dong-dong Elementary School located in the same Dong from the front side of the general four-school in Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Making a report on the control of drinking driving;

1. Requests for appraisal;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On December 20, 2012, the Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, committed the instant crime, even though he/she was under influence of drinking (the Defendant was issued a summary order of KRW 1,500,000 by Changwon District Court Branch Branch Branch on January 22, 2013, with respect to the instant crime) on the ground that he/she committed the instant crime. On January 22, 2013, the instant crime was committed on January 22, 2013, which was the first week from the instant case (the Defendant was issued a summary order of KRW 4 million at the Changwon District Court Branch Branch on March 22, 2013, with respect to the instant crime). The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, was under the influence of drinking alcohol (the Defendant was issued a summary order of KRW 4 million at the

Provided, That the period of probation and order to attend shall be given to the defendant in consideration of the fact that the defendant is against his/her gender, the fact that there is no particular criminal power, etc., and the probation and order to attend lectures shall be added to eradicate drinking driving.

It is so decided as per Disposition for the above reasons.

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