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(영문) 창원지방법원 2014.08.08 2014고단943
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

[B] On January 30, 2009, the Defendant was sentenced to a fine of five million won for the crime of violating the Road Traffic Act at the Changwon District Court, and on October 22, 2012, issued a summary order of one million and five million won for the crime of violating the Road Traffic Act at the Changwon District Court.

[Criminal facts] Although the Defendant had been punished twice due to drinking driving as above, the Defendant driven a two-way vehicle under the influence of alcohol content of 0.079% without a driver’s license at a section of approximately 100 meters from the 100 meters to the underground parking lot of the window building located in the Cheongju-dong in the Gyeongnam-si, Kim Jong-do, Kim Jong-dong on March 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. No. 3-7 of the evidence list submitted by the prosecutor

1. Before judgment: Application of the above evidence list Nos. 8 and 9;

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 which is chosen (not later than before the market);

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 on Suspension of Execution (including the fact that the blood alcohol concentration of the defendant is not high, and that the defendant does not have any record of criminal punishment heavier than a suspended sentence and is likely to repeat the same kind of crime in the future);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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