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(영문) 창원지방법원 마산지원 2014.12.24 2014고단1086

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 9, 2009, the defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act or a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on February 9, 2009, and on June 2, 2011, the defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act or a violation of the Road Traffic Act (unlicensed Driving) at the same court on June 2, 201.

On November 13, 2014, at around 22:48, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of 0.084% while under the influence of alcohol with no driver’s license, from the 1km section around the department store to the mountain village old-dong in the same middle-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. A criminal record or other inquiry document;

1. Application of a copy of each statute of summary order;

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

1. Formal concurrence and Selection of Punishment: Articles 40 and 50 of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (it shall be taken into consideration, such as the fact that the person works together with the same kind of power);

1. Orders for probation and education: Article 62-2 of the Criminal Act;