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(영문) 창원지방법원 진주지원 2015.01.28 2014고단1080
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 February 14, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 2 million to the Changwon District Court for a crime of violation of the Road Traffic Act (driving) on September 8, 201, a summary order of KRW 2 million to the same court on September 8, 201, and a summary order of KRW 5 million to the same court on August 4, 2014 due to a crime of violation of the Road Traffic Act (driving).

On October 19, 2014, the Defendant, without obtaining a driver’s license at around 02:15, driven a Bknife vehicle in the section of approximately 7 km from the north-west west of the west-gun of Gyeongnam-dong to the roads near the Changnam-si, Jinju-si, Seoul at around 0.147% of alcohol content without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. has a history of being sentenced to a fine on several occasions due to traffic accidents or driving without a license for drinking, and the defendant's blood alcohol concentration is considerably high to 0.147%, it is deemed that the defendant's severe punishment is necessary.

However, the defendant.

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