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(영문) 창원지방법원 2014.10.17 2014고단2099
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 November 3, 2006, the Defendant received a summary order of fine of two million won or more due to a violation of the Road Traffic Act (driving) from the Changwon District Court on November 3, 2006, and a summary order of 3.5 million won or more due to the same crime in the same court on September 5, 201.

On July 30, 2014, around 20:50, the Defendant driven a B-man car under the influence of alcohol content of about 0.155% of the blood alcohol concentration of about 10 meters without obtaining a driver’s license, from around 20:55 on the same day to around 56 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 2 and 5 of the evidence list submitted by the prosecutor;

1. Records before judgment: Application of the above evidence list No. 7;

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 (see, e.g., previous conviction);

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 the stay of execution (i.e., short of the distance of driving, and considering the fact that it is willing not to repeat the same kind of crime in the future);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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