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(영문) 창원지방법원 2014.08.26 2014고단1548
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2013, the Defendant received a summary order of a fine of three million won or more from the Changwon District Court for a violation of the Road Traffic Act, and the records of the same crime are two or more times.

On June 3, 2014, at around 01:25, under the influence of alcohol with a blood alcohol concentration of 0.119% without a driver’s license, the Defendant driven a C-learning car at a section of approximately 500 meters in front of a cafeteria located in the same Gu hot spring road located in the Busan Dong-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. The driver's license ledger;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., reflectment of psychological pains due to reflectivity and complicated family affairs, responsibility for raising children, etc

1. It is so decided as per Disposition on the grounds of probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act or more (Consideration of the same offense);

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