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(영문) 창원지방법원 2014.04.11 2013고단3236

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at the Changwon District Court on March 22, 2010, has been sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Changwon District Court on March 2, 201, and on June 3, 201, has been sentenced to a suspended sentence of one year for a period of four months by committing a violation of the Road Traffic Act (driving).

On October 12, 2013, at around 06:19, the Defendant driven a car C in a section of about 50 meters in front of the said CU convenience store located in the window of Changwon-si without obtaining a driver’s license under the influence of alcohol content of 0.081%.

Summary of Evidence

1. Court statements and the first trial records of the accused;

1. No. 2-6 of the evidence list submitted by the prosecutor (hereinafter “verification”).

1. Previous convictions in judgment: Application of the Acts and subordinate statutes No. 8;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the criminal defendant has been punished for the same kind of crime since 2004 shall not be punished for the same crime, and

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act regarding an order to attend a probation and compliance lecture;