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(영문) 창원지방법원 2014.11.18 2014고단2051
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2008, the Defendant issued a fine of KRW 1.5 million to the Changwon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million to the same offense in the same court on May 30, 2014.

On May 28, 2014, at around 01:00, the Defendant, without a driver’s license, driven a 300-meter low-emission vehicle in front of the parking lot, where he/she is unaware of the trade name in the 0.060% of blood alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. An inquiry report on driver's license and a report on the situation of driving without license;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., previous records of disposition, results of confirmation, and investigation reports (Attachment to summary orders);

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 on the suspension of execution;

1. It is so decided as per Disposition on the grounds of probation, community service, or order to attend a lecture under Article 62-2 of the Criminal Act (including the fact that a person is under summary proceedings due to a crime of the same kind, and a criminal record of the same kind of fine);

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