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(영문) 창원지방법원 통영지원 2014.09.18 2014고단625
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 March 24, 2008, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Changwon District Court’s branch on March 24, 2008. On December 6, 2013, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Changwon District Court’s branch.

On June 20, 2014, at around 22:17, the Defendant, without a driver’s license, driven a B-car under the influence of alcohol with approximately 0.081% of the blood alcohol concentration from the section of approximately 200 meters to the front road of the lusium located in the lusium of the lusium at the front of the lusium of the lusium at the lusium of the lusium on June 2014, the Defendant driven a B-car without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Three copies after the control of drinking driving;

1. A statement of criminal history records, investigation reports, and application of statutes in one copy of the judgment;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in addition to the fine imposed on the accused and the fact that his mistake is repented);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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