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(영문) 창원지방법원 2015.06.16 2015고단780

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 August 4, 2008, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on May 26, 2014, respectively.

On March 4, 2015, at around 21:35, the Defendant driven a ClxG car while under the influence of alcohol 0.094% of the blood alcohol concentration without obtaining a driver’s license from approximately 5 km section from the front of the restaurant, which is not aware of the trade name in the ClxG, to the GlxG road in the Dong, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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