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(영문) 창원지방법원 마산지원 2014.08.27 2014고단367
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 16, 2009, the defendant has a total of 2.5 million won of a fine at the Changwon District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On May 24, 2010, the defendant received a summary order of KRW 4 million of a fine at the same court on May 24, 2010 and received a summary order of KRW 4 million of a fine at the same time.

On March 11, 2014, at around 21:00, the Defendant driven B Poter truck with a blood alcohol content of about 0.110% under the influence of alcohol without a driver’s license from a section of about 300 meters from around the frequency of a high-frequency si located in the Sin-gu, Haan-gu, Haan-gun, Sinnam-do to the Gaar underground map located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A drinking driver;

1. Inquiry into driver's licenses;

1. Report on the results of the crackdown on drinking driving;

1. Application of a copy of each summary order under Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Concurrent concurrence: Articles 40 and 50 of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Orders for probation and education: Article 62-2 of the Criminal Act;

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