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(영문) 창원지방법원 마산지원 2013.09.17 2013고단463
도로교통법위반(음주운전)등
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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

At around 01:00 on May 6, 201, the Defendant driven B rocketing car under the influence of alcohol content of 0.086% without a vehicle driver’s license, from around 300 meters away from the front of the mutually infinite-dong, to the front of the JinO clothes in the Jinju-si alternative road.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of crackdown on drinking driving, reports on detection of drinking drivers, and reports on the circumstantial statements of drinking drivers;

1. Details of revocation of a driver's license, inquiry into grounds for the main office, and application of statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) concerning criminal facts, Article 152 subparagraph 1 of the former Road Traffic Act and Articles 152 subparagraph 1 and 43 of the former Road Traffic Act (a point of driving without a license) concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that a defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is sentenced to a fine of one time and two times for a drunk driving, and even if he had the record of being punished for a one-time suspended sentence due to a drunk driving, he/she again leads to the instant crime. However, although the criminal liability is not provided for in this case, he/she shall be determined as ordered by taking account of the defendant's age, character and conduct, environment, etc., and other factors of sentencing indicated in the record.

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