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(영문) 창원지방법원 통영지원 2014.09.17 2014고단607
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than 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 April 5, 2010, the Defendant received a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court. On April 20, 2010, the Defendant received a summary order of 3 million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

On May 13, 2014, at around 22:53, the Defendant driven a B gallon 2 B B occ under the influence of alcohol concentration of 0.131%, without obtaining a driver’s license, from the front day of the common viewing road in the Dong-ri-dong, to the front day of the coast park in the Dong-ri-ri-ri-ri-ri-ri-do-ri-do-ri-do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Division: Management, inquiry, and statement of the main entry report, criminal history records, and application of two Acts and subordinate statutes of the judgment;

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, and the fact that a person does not recommit a crime again) in the suspension of execution;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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