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(영문) 창원지방법원 통영지원 2014.07.23 2014고단291
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

[criminal power] On February 12, 2008, the defendant was issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's branch on February 12, 2008. On May 9, 2008, the defendant was issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's branch on May 9, 2008. On January 16, 2013, the defendant was issued a summary order of 7 million won for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's branch office.

【Criminal Facts】

On March 8, 2014, at around 21:55, the Defendant driven a DNA motor vehicle with a alcohol level of 0.086% while under the influence of alcohol level of 0.086%, without obtaining a driver’s license from the front road to the front intersection of the entrance of the Jinsan apartment, which is located in the Jinsan-dong, Singu, Gyeongnam-si.

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. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Before ruling: References to results of the control of drinking driving, criminal records, and application of three copies of written judgments to three 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that the defendant has no criminal record exceeding the fine, and the fact that the defendant does not repeat again, etc.);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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