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(영문) 창원지방법원 2014.10.31 2014고단2173
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

The Defendant received a fine of KRW 500,000,000 from the Changwon District Court on April 27, 2009 as a crime of violation of the Road Traffic Act, and a fine of KRW 4 million in the same court on May 22, 2014 as the same crime.

On August 16, 2014, at around 01:30, the Defendant driven a fwing vehicle B in the section of about 25 km while under the influence of alcohol with a blood alcohol concentration of about 0.138%, without obtaining a driver's license from the front day of the Samak Park, which is located in the Samak-dong of Busan, Busan, to the front day of the Samak River located in the Samnam-dong of the Sejong Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 1, 2 and 5 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 6 and 7;

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 (including the fact that there is no past record of criminal punishment heavier than that of a suspended sentence of imprisonment and that there is an attempt not to repeat the same crime again);

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

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