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(영문) 창원지방법원 2014.08.20 2014고단980
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 June 30, 2011, the Defendant was sentenced to a fine of three million won by the Changwon District Court for a violation of the Road Traffic Act (driving) at the Changwon District Court on June 30, 201, and a fine of five million won by the same court on December 19, 201.

On October 03, 2014, at around 01:20, the Defendant, without a driver’s license, driven a 20km B&520 V car from the front day of the smuggling funeral hall in the Syang-dong in the Syang-si, Kimhae-si without a driver’s license, to the front day of the gas station in the Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 5 and 8 of the evidence list submitted by the prosecutor;

1. Records before judgment: Application of the above evidence list No. 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 Suspension of Execution (including the fact that the blood alcohol concentration of the defendant is not high, and that the defendant does not have any record of criminal punishment heavier than a suspended sentence and is likely to repeat the same kind of crime in the future);

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

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