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(영문) 창원지방법원 진주지원 2013.06.19 2013고단513
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 December 27, 2012, the Defendant is a person who has been sentenced to a fine of two million won or more for a violation of the Road Traffic Act in the Changwon District Court's Jinju on December 27, 2012, and a fine of five million won or more for a violation of the Road Traffic Act in the same court on December 28, 2012.

On January 7, 2013, the Defendant, without obtaining a driver’s license at around 22:50 on January 7, 2013, operated a car with 1 km B Appphum X-di, as long as it was located in the same Dong from the finan-dong in Jinan-si in the state of alcohol concentration of 0.179% to the front road of the light pharmacy.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of investigation reports (attached to previous records and copies of summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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