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(영문) 창원지방법원 거창지원 2014.12.10 2014고단317
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around September 19:20 on September 23, 2014, the Defendant was driving three cargo vehicles with a ton and 1 ton of E while under the influence of alcohol of about 0.214% without obtaining a driver’s license in a section of about 50 meters from the front side of the original kindergarten in the Gyeongnam Development-Eup, Gyeongnam Development-gun to the front side of the D cafeteria located in C, and without obtaining a driver’s license.

2. 모욕 피고인은 2014. 9. 23. 19:30경 경남 함양군 C에 있는 D식당 앞 노상에서 피고인이 일으킨 교통사고로 인해 출동한 함양경찰서 F파출소 경위 G, 경장 H으로부터 인적사항 확인을 요청받자 D식당 손님들과 행인 등 10여 명이 있는 가운데 피해자 G, H에게 “개새끼, 씹할 새끼, 좃 같은 새끼”라고 큰 소리로 말하였다.

Accordingly, the Defendant insultd each victims publicly.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each police statement made to I and J;

1. Each complaint filed by G and H;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the same Act, Article 311 of the same Act;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment with prison labor ( Considerations, such as the fact that a number of criminal records, including criminal records of suspension of execution, have a very high drinking level, and a traffic accident occurs);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances such as the absence of previous convictions and the absence of distance of driving);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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