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(영문) 창원지방법원 2013.10.30 2013고단1994
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 22, 2013, at around 16:45, the Defendant was under the influence of alcohol with 0.062% of the blood alcohol concentration without a car driver’s license, and the Defendant was driving the Grand Cross at the section of approximately 500 meters in the vicinity of the 31st anniversary of the “Military Education Team,” located in the Jinhae-si, Jinhae-si, and in the vicinity of the 500-meter adjacent road.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

1. Relevant provisions of Article 148-2 (2) 3, 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 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. 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 in consideration of the following facts: (a) even though the Defendant had been 4 times since 2002 and 7 times or more due to drinking driving without a license or without a license, and even if he had the same record of punishment, the punishment shall be repeatedly determined in consideration of the same crime; (b) the Defendant is against the State; (c) the Defendant is taking the responsibility for the eradication of drinking and unlicensed driving in the future; and

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

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