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(영문) 창원지방법원 밀양지원 2015.07.02 2015고단153

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 June 5, 2013, the Defendant received a summary order of a fine of three million won for the crime of violation of the Road Traffic Act at the Suwon District Court on the charges of violation of the Road Traffic Act, and the said order became final and conclusive on July 11, 2013. On May 8, 2014, the Defendant received a summary order of five million won for the same crime in the same court, etc., and the said order became final and conclusive on June 3, 2014.

On April 5, 2015, at around 19:05, the Defendant driven a vehicle B while under the influence of alcohol content of about 0.127% without obtaining a driver’s license, in a section of about 5km from the U. S. Do adjacent to the Gyeong-gun, Gyeong-gun, Gyeongnam-gun, Seoul, to the studio-gun road adjacent to the Yak-gun, Gyeongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the 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;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;