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(영문) 창원지방법원 진주지원 2013.05.21 2013고단446
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013rd group 446] The defendant has the power to receive each summary order of KRW 5 million from the same support on December 4, 2009 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on February 18, 2008, from the same support on December 4, 2009 to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) and from the same support on November 30, 2012 to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

1. At around 21:10 on March 15, 2013, the Defendant driven B Poter truck at a distance equivalent to 200 meters from the end point 35, the end point in Jinju-si, located at Jinju-si, with a blood alcohol content of 0.132%, without a driver’s license.

[2013 High Court Decision 239]

2. At around 23:00 on September 15, 2012, the Defendant driven, without a driver’s license, Category B cargo vehicles equivalent to 70 meters in front of the Central High School located in the Haak-dong in the same city as the blood alcohol concentration of 0.134%, while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. Registers of driver's licenses;

1. Criminal records, previous records of disposition, and report on results of confirmation, and application of statutes of the judgment;

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle under paragraph (1)), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving a motor vehicle without a license) concerning the facts of the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving a motor vehicle under paragraph (2) of the facts of the crime);

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

1. Selection of a fine for the crime of violation of the Road Traffic Act as stated in paragraph (1) of the selective crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act as stated in paragraph (2) of the same Article;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 33, and Article 50 of the Criminal Act;

1. Discretionary mitigation of punishment shall be heavier than a suspended sentence due to discretionary driving under Articles 53 and 55(1)3 of the Criminal Act;

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