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(영문) 창원지방법원 2012.12.27 2012고단3330
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 August 31, 2012, at around 04:00, the Defendant driven Brens krens accom with 0.147% under the influence of alcohol without a car driver’s license, from the front of the South Sea Hospital located in the Southern Sea-Si, Nam-gu, Jin-si to the Jindo-si Busan, Busan, to the road at a point of 76.8km in the area of 80km away from the 06:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of drinking alcohol test and circumstantial statement of a drinking driver;

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

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant was sentenced to a summary order of a fine of three million won for drinking driving, etc. at the Busan District Court on May 3, 2010, and was sentenced to a fine of three million won for traffic-related crimes such as drinking driving, etc., but again, he was sentenced to a licenseless driving, etc., even though he was sentenced to a fine, and the nature of the crime is not less weak, but the defendant is under the time of committing the crime, and there is no specific penalty power except for a fine due to the above traffic-related crimes, and the driving of the case does not occur due to the accident of this case, and the sentencing conditions under Article 51 of the Criminal Act are

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