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(영문) 창원지방법원 2016.01.19 2015고단2934

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 4, 2013, the Defendant received a summary order of KRW 1,50,000,000,000,000 from the Changwon District Court’s branch court to a fine for a violation of road traffic laws (drinking), and on May 13, 2013, the Defendant received a summary order of KRW 1,50,000,000 from

On September 26, 2015, the Defendant, without obtaining a driver’s license at around 06:20, driven BK7 cars from around 100 kilometers to around 152.8km of the expressway, where the Defendant left in the road located in the road north-dong in Tong-si, Tong-si, through the influence of alcohol content of 0.091% in the blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about licenses;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;