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(영문) 창원지방법원 2014.11.21 2014고단2370
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 January 6, 2014, the Defendant was punished for driving under drinking or without a license four times by receiving a summary order of a fine of KRW 3 million from the Changwon District Court due to a violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

On August 21, 2014, the Defendant, without obtaining a driver's license on August 21, 2014, driven a B Ecoos car at approximately 5km from the 2nd road near the Kimhae-si, Kimhae-si, which is under the influence of alcohol of 0.067% in the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 5 and 7 to the evidence list submitted by the prosecutor

1. Relevant provisions of Article 148-2 (2) 3, 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 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 an alternative sentence of imprisonment (see, e.g., Supreme Court Decision);

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and the fact that there is no past record of criminal punishment heavier than that of the suspension of execution and that there is an attempt not to repeat the same crime again);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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