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(영문) 창원지방법원 진주지원 2014.04.29 2014고단213
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

[Majority Power] The Defendant was sentenced to imprisonment with prison labor for 4 months or 2 years of suspension of execution for the crime of violating the Road Traffic Act in the Changwon District Court on November 25, 2008, and on October 14, 2013, the same court issued a summary order of 2.5 million won for the same crime.

【Criminal Facts】

On October 12, 2013, at around 00:10, the Defendant, without a driver’s license, driven a 1km car at the front of the NAF at the entrance of the Pyeongtaek apartment at Pyeongtaek-dong in Jinju, with a blood alcohol concentration of 0.134% under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered in light of the fact that the criminal defendant committed himself/herself and is in depth);

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act;

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