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(영문) 창원지방법원 2014.09.23 2014고단1845

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment for one year;

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

Reasons

Punishment of the crime

On January 24, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Incheon District Court on January 24, 2008, and was issued a summary order of two million won by the Changwon District Court on November 18, 2013.

On May 14, 2014, at around 02:40, the Defendant, without a driver’s license, driven BK7 car at a section of about 500 meters from the front of the apartment house to the front of the apartment house, while under the influence of alcohol by 0.121% of the blood alcohol concentration without a driver’s license.

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 motor vehicle driver's license ledger;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a) and 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. Article 62 (1) of the Criminal Act on the suspension of execution;

1. It shall be decided as ordered by the court on the grounds of probation, community service, or order to attend a lecture under Article 62-2 of the Criminal Act or higher;