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(영문) 창원지방법원 밀양지원 2014.03.21 2012고합83
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 1, 2005, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on July 1, 2005, and on August 31, 2006, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (Refusal of a measurement) and a violation of Article 44 (1) of the Road

1. On May 3, 2012, at around 20:50, the Defendant driven a shower car from around 4 km to the entrance of the village while under the influence of alcohol with a blood alcohol content of 0.073% without a driver’s license, from 631 to 631, Jin-si, Jin-si, Changwon-si, Changwon-si, Changwon-si, Changwon-si, and driving a shower car.

2. On October 2, 2012, at around 21:40, the Defendant driven a D Kaz-Ban cargo vehicle from approximately 3 km to the front of the luxam village located in the same luxot of luxri, in a state of under the influence of alcohol of 0.21% with a blood alcohol content of 0.21% without a vehicle driver’s license, from the south luxri, in the south luxri, in the south of the south luxri to the south

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, a certificate of drinking practice for a drinking driver, a report on the status of each drinking driver, and an inquiry into the results of regulation of drinking driving;

1. The registration ledger of each driver's license;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (reports on attachment of similar kinds of power judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of Article 37 of the Criminal Act.

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