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(영문) 창원지방법원 밀양지원 2013.09.05 2013고단398
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Criminal power is a person who has been sentenced to a suspended sentence of two years in August 201 by the same court in the same court on June 9, 2010, with a fine of three million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court's populated Branch on June 5, 2008, and one who has been sentenced to a suspended sentence of two years for the same crime.

Criminal facts

On July 7, 2013, at around 20:20, the Defendant: (a) driven a CEF rocketing car with a blood alcohol content of about 0.142% while under the influence of alcohol without obtaining a driver’s license from around 1km to at least 1km at the entrance of a training company located in the same Eup located in the same Eup.

As a result, the Defendant violated the prohibition on driving a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of judgment, etc. on the same type of crime records)-related Acts and subordinate statutes;

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. 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;

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