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(영문) 창원지방법원 2014.07.11 2014고단674
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

[criminal power] On August 11, 2008, at the Changwon District Court, the Defendant was sentenced to a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act, fine of KRW 1 million as the same crime in the same court on November 23, 2009, and a summary order of KRW 2 million as a fine in the same court on August 30, 201.

【Criminal Facts】

On March 7, 2014, at around 00:50, the Defendant driven a B B B B automobile while under the influence of alcohol concentration of 0.070% without obtaining a driver’s license in approximately 500 meters from the Mail Road in front of the outer-dong Elementary School to the road in front of the outer-dong Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2-4 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 which is chosen (not later than before the market);

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the degree of drinking of the accused is not severe, and that the accused has no history of criminal punishment heavier than that of a

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

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