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(영문) 창원지방법원 거창지원 2014.02.19 2014고단34

도로교통법위반(음주운전)등

Text

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

On October 26, 2013, at around 23:33, the Defendant driven a car with B gallon with a blood alcohol concentration of 0.201% under the influence of alcohol, without obtaining a driver’s license, in a section of about 500 meters from the front of the livestock refection cafeteria located in the Yangyang-si, Chang-gun, Chang-gun, Seoul to the front road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, reports on detection of drivers, circumstantial statements of drivers, and car driving license registers;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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 stay of execution (Article 62 (1) of the Criminal Act on the part of the defendant);

1. Probation and community service order under Article 62-2 of the Criminal Act (the defendant's previous convictions No. 3 and the previous convictions No. 1, but the defendant's without obtaining a license and re-driving without obtaining a license, and also causes traffic accidents. Since it is judged that the defendant is highly likely to continue to drive without obtaining a license or drive a drunk, probation and community service shall be added to prevent the defendant from repeating a crime)