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(영문) 창원지방법원 통영지원 2014.05.02 2014고단191

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 of the final judgment.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court. On May 20, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

On March 10, 2014, at around 22:40, the Defendant driven a B SP car under the influence of alcohol with approximately 50 meters alcohol concentration 0.094% while under the influence of alcohol without obtaining a driver’s license from a section of about 50 meters in front of the restaurant “sude” in the ancient city, which is located in the ancient city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;