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(영문) 창원지방법원 2014.07.08 2014고단1006

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Reasons

Punishment of the crime

On July 25, 2011, the Defendant was notified of a summary order of KRW 2 million by the Changwon District Court as a crime of violation of the Road Traffic Act. On January 28, 2013, the Defendant was notified of a summary order of KRW 2 million by the Changwon District Court as a crime of violation of the Road Traffic Act.

On April 1, 2014, at around 01:25, the Defendant, without obtaining a driver’s license, driven a 50-meter CNA car at a fee parking lot that does not know of the trade name in the Kimhae-si under the influence of alcohol content of 0.061%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report accompanied by summary order);

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 suspension of execution;

1. It shall be decided as per the disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;