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(영문) 창원지방법원 2014.10.24 2014고단1589
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

1. The Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Changwon District Court on June 15, 2009, and on January 7, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Changwon District Court on January 7, 2013, and the records of the same crime are more than five times.

2. Around 22:00 on May 7, 2014, the Defendant, without a driver’s license, driven a car with approximately 100 meters section B, from the Hyundai Amc apartment parking lot located in Kimhae-si, Kimhae-si to the front way of the same mobilization apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 2 and 3 of the evidence list submitted by the prosecutor;

1. Records before judgment: Application of the above evidence list No. 5;

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 (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act (including the fact that the probation is not high and that there is no record of criminal punishment heavier than that of probation)

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

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