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(영문) 창원지방법원 거창지원 2013.09.25 2013고단217
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 October 29, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on November 30, 2012, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the same time on November 30, 2012, and has violated Article 44(1) of the Road Traffic Act more than twice, and the records of drinking driving are 4 times in total.

On July 23, 2013, at around 21:30, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.10%, driven B Poter cargo at a section of about 10km from the parking lot of Western Hospital in the process of transmitting it to the Mari-ri in the same military area, from the parking lot of Western Hospital in the Gyeongnam-gun, Chungcheongnam-gun, Seoul, to the Mariri-ri distance in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Report: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records;

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 (the point of running a sound driving);

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 (including the fact that the defendant is against his/her will);

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

1. Probation and community service order under Article 62-2 of the Criminal Act (the addition of probation and community service order to prevent recidivism by the accused and to ascertain that drinking and unlicensed driving are serious crimes);

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