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(영문) 창원지방법원 2013.10.30 2013고단1343
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2013 Highest 1343] On May 8, 2013, the Defendant driven a D body-man car from approximately 1.5 km section to the road front of the “Korean Gambling Real Estate,” which is under the influence of 0.120% of blood alcohol concentration without a car driver’s license, to the roads front of the “Kaman Gambing Real Estate,” located in Kimhae-si, Kim Jong-si without a car driver’s license.

[2013 Highest 2131] On June 6, 2013, the Defendant, without a driver’s license, driven the front-down car from approximately 30 meters to the front-road of the entrance of the apartment.

Summary of Evidence

[2013 Highest 1343]

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A written report from an employee of an employer;

1. The register of driver's licenses (A) (2013 high-ranking2131);

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act; and

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and 50 of the Road Traffic Act (Article 2013 Height 1343) and between the crimes of violation of the Road Traffic Act (Article 1343) and the crimes of violation of the Road Traffic Act (Article 40 of the Road Traffic Act without a license) and punishment

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order has been three times for drunk driving and four times for licenceless driving since 1998 (in particular, 198, 2 years of suspended sentence was sentenced to imprisonment with prison labor for six months due to drinking and without obtaining a license). Moreover, even though it was in progress due to the act of driving without a license on December 26, 2012, the salted fish of this case is under summary trial procedure, but the salted fish of this case 2013 order 1343.

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