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(영문) 창원지방법원 2015.06.09 2015고단639

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 October 10, 201, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Changwon District Court on July 21, 201, a fine of KRW 4 million by a fine for a violation of the Road Traffic Act at the Changwon District Court on July 21, 2014, and on February 10, 2015, the Defendant was sentenced to a summary order of KRW 10 months by imprisonment for a violation of the Road Traffic Act at the Changwon District Court on February 10, 2015, and the judgment became final and conclusive on February 18, 2015.

On February 14, 2015, at around 23:25, the Defendant driven BM520 automobiles under the influence of alcohol content 0.073% without obtaining a driver’s license from a section of approximately 100 meters in front of the 3rd Seomun-dong, the YU, Kim Jong-dong to the Paris store in the same Dong, and without obtaining a driver’s license from a section of about 100 meters.

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. Criminal records, previous records of dispositions and report on the results of confirmation, and application of Acts and subordinate statutes to criminal investigation reports (former records and attachment of judgment);

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;