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(영문) 창원지방법원 통영지원 2014.10.17 2014고단665

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 of the final judgment.

Reasons

Punishment of the crime

On November 3, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's Net Branch on November 3, 2008. On July 19, 2012, the Defendant received a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act from the Changwon District Court's Tong Branch Branch on July 19, 201.

On July 14, 2014, at around 23:15, the Defendant driven a B-car under the influence of alcohol content of about 0.113% without obtaining a driver’s license at a section of about 300 meters from the front side of the Obridge, which is located in the luxe Dogdong, to July 14, 2014, from the front side of the Obridge, 23:20 on July 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects on the stay of execution);

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