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(영문) 창원지방법원 2015.02.06 2014고단2988
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant was sentenced by the Changwon District Court on July 15, 201 to a fine of five million won for a violation of the Road Traffic Act (driving) and the same year.

4. 21. Criminal records for which a fine of 2.5 million won has been sentenced in the same court due to the same offense.

On October 15, 2014, at around 16:50 on October 15, 2014, the Defendant, without obtaining a license for a motorcycle driver, driven the road 200 meters away from the master state in which blood alcohol concentration is 0.139%, in the state of the blood alcohol concentration, as Daju-bro.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2-7 of the evidence list submitted by the prosecutor (hereinafter “Evidence list”).

1. Previous convictions in judgment: the application of the Acts and subordinate statutes No. 8,10 of evidence list;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative sentence of imprisonment (see, e.g., history of the same type of crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects voluntary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in the case of Lao, consideration shall be given to the fact that it is relatively dangerous compared to automobiles, and that the current status of the defendant's health is insufficient);

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