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(영문) 창원지방법원 2014.09.05 2014고단818
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 21, 2007, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2007, and on May 1, 2012, the Defendant was issued a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act (driving).

On February 2, 2014, at around 12:30, the Defendant driven B rocketing car while under the influence of alcohol content of 0.159% without obtaining a driving license, at the five-meter section of the name of restaurant, “verted vertebral sugar” in the Jeoncheon-si Municipal Ordinance-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 2, 5-7 submitted by the prosecutor

1. Records before judgment: Application of the above evidence list No. 10;

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 (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime,

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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