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(영문) 창원지방법원 2014.05.27 2014고단408

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment for eight months;

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

Reasons

Punishment of the crime

On March 25, 2013, the Defendant issued a summary order of KRW 5 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and around August 19, 2013, the Defendant had the record of receiving a summary order of KRW 1.5 million for the same crime in the same court.

On February 3, 2014, at around 02:55 on February 3, 2014, the Defendant driven the said car under the influence of alcohol concentration of 0.068% in blood alcohol on the front side of the “Korean First Motor Vehicle” located in the “Korean Motor Vehicle,” and without a driver’s license, while driving the said car under the influence of alcohol concentration of 0.068%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. The driver's license ledger;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a) 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;

1. It shall be decided as ordered by the court on the grounds of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act (2) or more;