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(영문) 창원지방법원 진주지원 2013.05.14 2013고단376
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] The defendant is not only a person who was sentenced to a fine of KRW 3 million on February 3, 2012, but also a person who was sentenced to a fine of KRW 5 million in the same court on December 27, 2012 as a crime of violation of the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on February 3, 2012, but also two times the same criminal power.

【Criminal Facts】

On March 5, 2013, the Defendant driven a B radar mpon in the state of under the influence of alcohol content of about 0.193% without obtaining a driver’s license from the front of the Paris m, which is located in the Gi-si funeral, to the front of the local community hall located in the same Ri, from the front of the local community hall.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records, each summary order, and application of respective statutes of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the absence of criminal records beyond a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;

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