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(영문) 창원지방법원 2015.11.26 2015고단2696

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

Criminal facts

On December 6, 2010, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act, and a summary order of five million won or more as a fine in the same court on July 15, 2013.

On October 3, 2015, at around 22:00, the Defendant driven a B B benz350-L car without a car driver’s license in a state of alcohol alcohol content of about 100 meters from the front of a mutually influent restaurant located in the Grand-si Kimhae-si to the front of the “fluent hospital” in the same Dong from around 100 meters to the road of “fluent hospital.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes in two copies of criminal records and summary order;

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 on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);

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