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(영문) 창원지방법원 2014.10.17 2014고단1994

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

1. The Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act, etc. at the Changwon District Court on September 6, 2010, and on April 25, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act, etc. at the Changwon District Court Branch Branch on April 25, 2012, and was sentenced to a fine of five million won for a violation of the Road Traffic Act.

2. Around 22:30 on June 2, 2014, the Defendant, without a driver’s license, driven a car with approximately KRW 200 meters up to the Namwon Agricultural Parking Lot located in the same Dong-dong as in front of the bus terminal located in the Changwon-gu, Sungwon-gu, Sungwon-si, Seoul, under the influence of alcohol content of 0.140% of blood alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 2 and 3 of the evidence list submitted by the prosecutor;

1. Records before judgment: Application of the above evidence list No. 5;

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 (i.e., the fact that a suspended sentence is attempting not to repeat the same kind of crime in the front);

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