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(영문) 창원지방법원 마산지원 2013.08.20 2013고단246
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 January 19, 2009, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, on May 24, 2010, a summary order of KRW 2 million for a violation of the Road Traffic Act at the Changwon District Court to a fine of KRW 2,00,000 for a violation of the Road Traffic Act, and on January 24, 2011, a summary order of KRW 4 million for a violation of the Road Traffic Act was issued by the Changwon District Court.

【Criminal Facts】

On March 7, 2013, the Defendant, while under the influence of alcohol with 0.135% of the blood alcohol concentration without a driver’s license on March 22, 2013, driven B-learning car volume in the section of approximately one kilometer from the day before the modification road located in the Hanan-gun, Hannam-gun, Hannam-gun, B-gun, in front of the salary class two lanes located in the north-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses and details of cancellation of drivers' licenses;

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

1. Previous records before ruling: Application of inquiries, such as criminal records, and investigation reports (report accompanied by a copy of a 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (no record exists over the punishment of a fine to the defendant, and considering the fact that the defendant is in a depth against the crime of this case);

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Concurrent Consideration for Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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