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(영문) 창원지방법원 진주지원 2013.08.13 2013고단704
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Jinwon District Court on December 3, 2009, and on January 26, 2012, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Changwon District Court on January 26, 2012, and was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act. The judgment becomes final and conclusive on February 3, 2012.

【Criminal Facts】

On March 9, 2013, at around 21:00, the Defendant driven a B-purd vehicle with approximately KRW 500 meters alcohol concentration 0.162% while under the influence of alcohol without obtaining a driver’s license from the front day of soup soup, soup, 300 meters before the CU convenience store located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the results of crackdown on drinking driving and the detection of drinking drivers;

1. Registers of driver's licenses;

1. Criminal records, each summary order, and application of respective statutes of the judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the disposition shall be imposed in consideration of the criminal records of the defendant on the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, especially the fact that the criminal records of the defendant committed the crime, the refusal to measure alcohol and the suspension of the execution of imprisonment for the reason of unlicensed driving, are repeated during the period of imprisonment without prison labor;

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