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(영문) 창원지방법원 2014.07.15 2014고단1130

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2007, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on December 14, 2007, and was issued a summary order of two million won by the same court on October 17, 201.

On March 13, 2014, at around 03:37, the Defendant driven B cruise car with a blood alcohol concentration of 0.133% under the influence of alcohol without obtaining a driving license from a vehicle driving license at a section of about 100 meters in front of the 100-meter-dong Sin-dong, Busan, Busan, to the roads preceding the 1st public security center in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Details of management and inquiry of the circumstantial statements of the drinking driver, and the written report on taking place; and

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

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

1. It shall be decided as ordered on the grounds of probation, community service or order to attend a lecture under Article 62-2 of the Criminal Act (large number of mobile crimes, including previous convictions on the suspension of the same kind of imprisonment