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(영문) 창원지방법원 2016.01.12 2015고단2967

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 11, 2008, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 11, 2008, and a summary order of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 2, 2015.

On October 13:50 on October 2015, the Defendant driven D car sirens from the front side of the “C” located in the Gangseo-gu Busan Metropolitan City to the front side of the Chang Sea in the Chang Sea from the Chang Sea, while under the influence of alcohol content of 0.167% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (a summary order, etc. attached to the same type of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;