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(영문) 창원지방법원 2013.06.14 2013고단684
도로교통법위반(음주운전)등
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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 March 23, 2013, at around 23:40, the Defendant, without a driver’s license, driven a CM520-car from the first road in front of the ancient Sea-si to the Shabrok road located in the same way as that located in the same city, while under the influence of blood alcohol content of 0.183% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be determined by taking into consideration the following facts: (a) since 2003, the defendant has been repeatedly punished for drinking driving three times, without a license, three times since drinking driving, and one time due to refusal to measure drinking, and the nature of the same crime is very high; (b) however, the defendant is against the defendant; (c) the defendant is scrapping his/her motor vehicle; and (d) the fact that he/she has a compliance life in the future, such as scrapping of his/her

In addition, probation and lecture order are added in order to encourage the eradication of drinking driving and unauthorized driving.

It is so decided as per Disposition for the above reasons.

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