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(영문) 창원지방법원 통영지원 2014.06.02 2014고단190
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

[criminal power] On October 12, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch on October 12, 2010, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch on February 4, 2013.

【Criminal Facts】

피고인은 2014. 3. 11. 21:30경 경남 거제시 사등면 사곡리에 있는 성내공단 앞 도로에서부터 경남 거제시 사등면 사곡리에 있는 안동찜닭 앞 도로에 이르기까지 약 100m 구간에서 자동차운전면허를 받지 아니하고, 혈중알콜농도 0.137%의 술에 취한 상태로 C SM5 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, the report on the status of the driver, the report on the status of the driver, the report on the investigation into the status of the driver, and his photograph;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Before ruling: References to criminal records and the application of two copies of written judgments to Acts and subordinate statutes;

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;

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

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that there is no criminal record exceeding a fine, and the fact that there is a family member to support);

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

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