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(영문) 창원지방법원 거창지원 2014.01.08 2013고단321
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

On April 22, 2010, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Changwon District Court's branch on April 22, 2010, and on June 25, 2012, the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Masan branch on June 25, 2012, and was in violation of Article 44 (1) of the Road Traffic Act more than twice.

On November 10, 2013, at around 13:40, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.117%, driven C Poter truck at a section of about 10km from the front side of the Cpoter village in the Cpoter in the Cpoter located in the front side of the Cpool-gun of Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, without obtaining a driver’s license.

Accordingly, the defendant, despite the fact that he violated the Article 44 (1) of the Road Traffic Act more than twice, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and inquiry into the register of drivers' licenses;

1. Report: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the criminal defendant is against his/her own crime and has no criminal record of suspended execution

1. Probation and community service order under Article 62-2 of the Criminal Act (the probation and community service order shall be added, since the accused is highly likely to drive under drinking again);

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