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(영문) 창원지방법원 통영지원 2014.05.29 2014고단293
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 27, 2011, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on April 27, 201, and on June 4, 2012, the Defendant received a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Youngwon District Court.

On February 28, 2014, around 23:05, the Defendant driven B K7 vehicle under the influence of alcohol content 0.145% while under the influence of alcohol, without obtaining a driver’s license, from approximately 500 meters in the section from the long distance in the long-term city of Scasi to the roads in the long-term city of Samsung Heavy Industries.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Criminal records, reports on results of the control of drinking driving, investigation reports (report attached to a written judgment), and the application of two copies of written judgments to two Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in addition to the fine imposed on the accused and the fact that his mistake is repented);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service or attend lectures;

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