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(영문) 창원지방법원 통영지원 2013.10.01 2013고단376
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 16, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on October 16, 2006, and on June 22, 2009, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime at the Busan District Court.

At around 21:00 on May 23, 2013, the Defendant driven a C-car without a driver’s license in a state of alcohol with a blood alcohol concentration of about 0.092% at a distance of about 150 meters from the front road of the fluore fri, which is located in the front of the fluorri, at the beginning of the flusium.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraph 1 of Article 152 of the Road Traffic Act (a point of driving without a license);

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects on his gender and the distance of driving is relatively short);

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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