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(영문) 창원지방법원 마산지원 2014.10.08 2014고단713

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 6, 2012, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act at the Changwon District Court's Busan District Court's Busan District Court's order on November 12, 2013, and a fine of 5 million won for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court's Busan District Court's order on November 12, 2013, and two times of the same record.

On July 22, 2014, at around 22:30, the Defendant driven a C Ethp car in the state of alcohol alcohol concentration of 0.107% without a vehicle driver’s license from the front road of the Hanam-gun, Hanam-gun, Busan, to the front road of the Gangseo-gu, Gangseo-gu, Busan, for about 50km.

around 01:05 on July 20, 2014, the Defendant driven a Maz car under the influence of alcohol content of about 0.123% without a driver’s license from the international keeping apartment parking lot located in Yongsan-gu, Changwon-si, Changwon-si to the roads front of the same Simsan-dong, Masan-dong to the 2km-dong of the same Simsan-si.

Summary of Evidence

"2014 Highest 713"

1. Defendant's legal statement;

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

1. A driver's license inquiry letter "2014 Highest 780";

1. Defendant's legal statement;

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

1. The driver's license inquiry letter "criminal history";

1. Application of Acts and subordinate statutes to each summary order attached to the investigation report;

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 a crime;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;