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(영문) 창원지방법원 2015.05.19 2015고단90

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 November 15, 2007, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court, and a summary order of 4 million won by a fine at the Changwon District Court on May 2, 2014.

On January 1, 2015, the Defendant, at around 20:30, driven a BM7 car from the Jinhae-gu, Changwon-si to the front day of the department store in the same Gu, without obtaining a driver’s license in the state of the blood alcohol concentration of 0.067%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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