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(영문) 창원지방법원 진주지원 2014.04.08 2014고단160
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 January 24, 2014, at around 10:49, the Defendant driven C Haba while under the influence of alcohol content of approximately 0.275% without a motorcycle driver’s license, from approximately 5km section to the front road of the C-ri-ri-ri village in the same east-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following factors shall be considered in light of favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly considered for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant again commits the instant crime even though he/she had the record of having been punished several times as a fine for the same crime, and that the sentence of imprisonment is inevitable in light of the fact that he/she committed the instant crime, and that the blood alcohol concentration is very high.

However, the execution of imprisonment is suspended against the defendant in consideration of all the sentencing conditions shown in the arguments of this case, such as the age, character and conduct, family environment, etc. of the defendant, that the defendant has a disability of grade 4 due to the non-driving and living difficult in his/her mother and residence, and the defendant's age, character and behavior, family environment, etc. However, the community service order is not appropriate due to such physical disability, but has repeated drinking driving, etc., the defendant shall add to the participation in the compliance driving lecture and determine

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