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(영문) 창원지방법원 통영지원 2014.07.03 2014고단407

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 January 4, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act by a fine of 2.5 million won, and on November 19, 2010, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act by a crime of violation of the Road Traffic Act (driving) at the branch court of the Changwon District Court. On August 13, 2013, the Defendant was sentenced to a suspended sentence of 5 million won for a fine of 5 million won for a violation of the Road Traffic Act (driving) at the branch court of the Changwon District Court.

On April 27, 2014, at around 17:00, the Defendant driven B emulter cargo under the influence of alcohol content of 0.205% without obtaining a driver’s license in a section of about 10 km from the south East-ri-dong to the road in front of 4538.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, investigation reports (attached to judgments), and application of three copies of written judgments to 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, etc.);

1. Probation and order to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;