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(영문) 창원지방법원 2014.10.08 2014고단1964

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

On April 7, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 5, 2009, a fine of KRW 1 million as the same crime in the same court on October 5, 2009, a fine of KRW 2 million as the same crime in the same court on May 23, 201, and a fine of KRW 5 million as the same crime in the same court on January 13, 2014.

On July 5, 2014, the Defendant, without obtaining a driver’s license at around 02:00, driven C 2 truck in a section of about 1km from the road front of the shock frequency 0.081% of blood alcohol level to the road leading to the entrance to the front parking lot of the Tae Young apartment located in the Jindong-gu Kimhae-si, Jin-si, Kimhae-si in the state of alcohol leveling 0.081% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. No. 4-6 of the evidence list submitted by the prosecutor

1. Records before judgment: Application of the above evidence list No. 7;

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 (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution and the amount of drinking alcohol is not high, and

1. Order to attend lectures under Article 62-2 of the Criminal Act;