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(영문) 창원지방법원 통영지원 2013.11.27 2013고단735
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

[criminal power] On March 12, 2008, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court’s branch court on March 12, 2008, and on December 18, 2012, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 28, 2013, at around 22:30, the Defendant driven a B K7 car under the influence of alcohol concentration of approximately 0.233% without obtaining a driver’s license in a section of about 15 km from the roads in front of the frequency of mutual influence in the ancient city, Gyeongnam-si to the roads adjacent to the Mapo-ri, Mapo-si, Mapo-si, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers, status of drinking drivers;

1. Registers of driver's licenses;

1. Before ruling: Application of criminal records, reference reports on criminal records, investigation reports (a summary order attached to the same type of power);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 (i.e., confession, reflectivity, and the fact that the defendant has no criminal record exceeding the fine) ;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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