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(영문) 창원지방법원 통영지원 2014.10.17 2014고단284
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 of the final judgment.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (driving), etc. in the Changwon District Court’s branch court’s branch court on February 29, 2008, and on August 20, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch court’s branch court.

On February 10, 2014, at around 16:55, the Defendant driven B SH100B Ob, while under the influence of alcohol alcohol concentration of about 0.282% without obtaining a motorcycle driver’s license, from the front road of SH100 meters from the front road of SH10 to the front road of the SH10-B, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

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

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 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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation under Article 62-2 of the Criminal Act;

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