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(영문) 창원지방법원 진주지원 2014.11.26 2014고단991
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 August 1, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million with a fine of KRW 2 million with the same court on July 2, 2013 at the Changwon District Court's Jinju branch on August 1, 2008, and on August 27, 2014, the Defendant was sentenced to a summary order of KRW 2 million with the same court on July 2, 201, and on August 27, 2014, a person who violated Article 44 (1) of the Road Traffic Act at least twice.

On September 19, 2014, the Defendant, without obtaining a driver’s license at around 20:20, driven a DNA-type car from approximately 100 meters away from the front of the “C” restaurant located in Scheon-si B with a blood alcohol content of 0.137% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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;

1. In light of the fact that the Defendant was sentenced to a fine of six times due to traffic accidents or drunk driving for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the Defendant committed the instant crime at the time of the lapse of one month from the said crime even though he/she was indicted for the crime of drinking and driving without a license on August 13, 2014, it is deemed necessary to strictly punish the Defendant.

However, the defendant.

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