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(영문) 창원지방법원 밀양지원 2013.07.11 2013고단203
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 of the final judgment.

Reasons

Punishment of the crime

On April 6, 1992, the defendant was sentenced to a summary order of 500,000 won which is sentenced to a fine of 500,000 won for a violation of the Road Traffic Act at the Busan District Court on April 6, 1995, the defendant was sentenced to a summary order of 50,000 won for a violation of the Road Traffic Act at the Busan District Court on October 10, 1997, the defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act for a violation of the Road Traffic Act on August 24, 200. On February 14, 2005, the above court was sentenced to a summary order of 150,000 won for a violation of the Road Traffic Act (driving without a license) with a fine of 700,000 won for a violation of the Road Traffic Act at the Daejeon District Court on August 25, 2005.

Criminal facts

On March 7, 2013, at around 20:20, the Defendant driven a b100cc obane while under the influence of alcohol concentration B 0.138%, without obtaining a license for a motorcycle at a section of approximately 200 meters, in front of the sloping greenhouse, which is located in the upper south of the upper south of the west-do, in front of the said sloping greenhouse, in front of the said smeltyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A report on detection of a host driver and a circumstantial statement;

1. Report prior to judgment: Application of Acts and subordinate statutes on criminal records, etc., references to criminal records, amounts not to be disposed of, and reports on results of confirmation (a written judgment and attachment of summary order);

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 2 of Article 154 and Article 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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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