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(영문) 창원지방법원 거창지원 2014.11.12 2014고단289
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 February 27, 2009, the Defendant issued a summary order of KRW 1.5 million on October 28, 201 and KRW 4 million on the same charge of the violation of the Road Traffic Act in this court.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on September 4, 2014, the Defendant driven B-be under the influence of alcohol with a blood alcohol concentration of about 0.169% without obtaining a driver’s license in the section of about 2km from the front side of the Southern Elementary School located in the Yneung-ri to the front side of the national rural village located in the same military, Chang-gu, Chang-gu, Seoul, the Defendant driven B-be under the influence of alcohol concentration of about 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of power decisions) and other 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 ( Taking into account the fact that the main values are high);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances, such as the fact that there is no criminal record other than the regular criminal records, and that the health status seems not good);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

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