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(영문) 창원지방법원 통영지원 2013.11.26 2013고단874
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 of the final judgment.

Reasons

Punishment of the crime

On November 17, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch on November 17, 2008, and was sentenced to a summary order of five million won for a violation of the Road Traffic Act at the Busan District Court on July 19, 201.

On May 1, 2013, the Defendant was under the influence of alcohol content of 0.113% without a car driver’s license on May 1, 2013, and the Defendant driven a B rocketing car with approximately KRW 1 km from the vicinity of the Gero-Jeedong to the road before the police box of the same city at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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