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(영문) 창원지방법원 마산지원 2015.10.21 2015고단715

도로교통법위반(음주운전)등

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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 October 8, 2012, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Mapo Branch's branch on October 8, 2012, and on September 24, 2014, the Defendant received a fine of KRW 7 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Mapo Branch's branch on September 24, 2014.

On August 19, 2015, the Defendant, without obtaining a driver's license on August 23:5, 2015, driven approximately 500 Maz Motor Vehicles from the front road of the window of Changwon-si in the window 0.112% of blood alcohol level, to the front road of the Changwon-si Mambol cafeteria, Changwon-si, the Defendant driven approximately 500 Maz Motor Vehicles, which is located in the Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. The circumstantial statement of the employee;

1. Records of judgment: Application of an inquiry report and investigation report (a copy of a summary order of the same kind of power) including criminal records, etc.;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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