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(영문) 창원지방법원 마산지원 2013.07.02 2013고단150
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 August 18, 2008, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court's Jinju branch due to a violation of the Road Traffic Act (driving). On November 28, 2012, the Defendant filed a summary order of KRW 2.5 million with the same court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On February 18, 2013, at around 22:35, the Defendant driven a CP wing car under the influence of alcohol content 0.075%, without obtaining a driver’s license, from around 30km section from the pre-road of the free market in the opposite direction of Jinju to the road before the new Yingari-gun, Jin-gun, Jin-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstances of running a driving, a report on the circumstances of a driving of the driver, and a report on detection of the driver;

1. Details of revocation of driver's licenses, the register of driver's licenses, and disqualified meetings of main office;

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes (a final and conclusive judgment and indictment attached thereto);

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 heavier than that of a punishment);

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 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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