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(영문) 창원지방법원 밀양지원 2013.11.21 2013고단503
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 June 28, 2010, the Defendant had the record of being sentenced to a fine of one million won as a crime of violation of the Road Traffic Act in Changwon District Court's assistance on June 28, 2010, and a fine of three million won as a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (licensed Driving) in the same court on October 11, 2010.

Criminal facts

On September 5, 2013, the Defendant, without a driver’s license around 21:24, driven Done Star Co., Ltd at the section of approximately 1.5 km from the front of the apartment house to the front of the lux road located in the same city of the same city, as the blood alcohol concentration of 0.11% under the influence of alcohol.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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