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(영문) 창원지방법원 밀양지원 2014.06.19 2014고단53
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

[2014 Highest 53] Around 14:30 on January 28, 2014, the Defendant was under the influence of alcohol content of 0.295% on blood, and was driving the B-wing truck at the 1km section from the Do in front of the Namnam Village located in the Republic of Korea, Gyeongnam-do to the road prior to the Do in front of the Hancheon-ri Airport located in the Republic of Korea.

[2014 Highest 173] Around 10:50 on April 14, 2014, the Defendant, without a car driver’s license, driven B-wing cars at approximately 8km from the road front of the Rowing Village located in the Haak-gu, Gyeong-gun, Gyeong-gun, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-do, the Defendant was under the influence of blood alcohol content 0.131%.

Summary of Evidence

[2014 Highest 53]

1. Defendant's legal statement;

1. The circumstantial report on the driver and the circumstantial statement of the driver.

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes, such as the circumstantial report on the driver, the circumstantial statement of the driver, and the driver’s license inquiry;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking under subparagraph 53 of the height limit of 2014), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of drinking under subparagraph 173 of the height limit of 2014), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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