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(영문) 창원지방법원 2014.04.11 2013고단3806
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, at the Changwon District Court on September 21, 2009, is a person who has violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) at the Changwon District Court on November 1, 201, a fine of three million won due to the same crime in the same court on November 1, 201, and a summary order of five million won due to the same crime in the same court on September 23, 2013, on two or more occasions.

On November 17, 2013, at around 20:30, the Defendant driven a Bbena-crat car owned by the Defendant under the influence of alcohol 0.157% of his blood alcohol content without a car driver’s license at approximately 500 meters from the roads in front of the Dom market in the window of Changwon-si, Changwon-si, to the roads in front of the same 418-2.

Summary of Evidence

1. Court statements and the first trial records of the accused;

1. No. 5-9 of the evidence list submitted by the prosecutor (hereinafter “verification”).

1. Previous convictions in judgment: the application of the Acts and subordinate statutes No. 16, 17;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that even though the defendant has been sentenced several times to a fine for the same kind of crime as before the judgment, there is no record of criminal punishment heavier than that of the suspension of execution, and that he/she will be held responsible

1. Order to attend a compliance lecture under Article 62-2 of the Criminal Act;

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