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(영문) 창원지방법원 마산지원 2014.07.22 2014고단285
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 18, 2014, at around 19:03, the Defendant driven a 1 ton of 1 ton cargo vehicle while under the influence of alcohol 0.072% without a driver’s license from approximately 2km section from the front side of the Seocho-gun, Gyeong-gun, Gyeongnam-gun, to the west west west west west in the same military side of the west.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the regulations governing driving licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 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 62 (1) of the Criminal Act;

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include several kinds of criminal records of the defendant, the defendant is selected to be sentenced to imprisonment with prison labor, taking into account the following factors: the defendant's misjudgments his/her own mistake and does not repeat the same mistake; the records of the same crime exceeding the fine do not appear; and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances of the crime of this case after the crime are considered, the punishment as ordered shall be determined as ordered

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