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(영문) 창원지방법원 진주지원 2012.11.23 2012고합184
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Changwon District Court's Jinju Branch's Branch's order on November 12, 2008. On August 6, 2009, the Defendant was sentenced to a summary order of two million won for the same crime, etc. in the same court on August 6, 2009. On January 4, 201, the Defendant was issued a summary order of 2.5 million won for the same crime, etc. in the same court on October 26, 201, and was sentenced to a fine of two million won for the same crime, etc. in the same court on November 3, 2011, and was sentenced to a suspended sentence of two years for the same crime on November 3, 201, by the same court on February 1, 2012.

On September 20, 2012, at around 20:30, the Defendant, without a driver’s license, driven C Poter, pool fluor, and fluor fluor fluor fluor, on the front of the Seoul Bridge, which is under the influence of 0.104% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports such as criminal records, investigation reports (a copy of indictment, etc.), investigation reports (Attachment of a copy of judgment) and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing factors) has a record of criminal punishment twice or more due to drunk driving, and the period of suspended sentence due to drunk driving.

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