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(영문) 창원지방법원 마산지원 2016.08.23 2016고단616

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

Punishment of the crime

On July 3, 2014, the Defendant issued a summary order of a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Mapo Branch on July 3, 2014, and on November 27, 2015, a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Busan District Court's Musan Branch on November 27, 2015, and was punished on two or more occasions for a crime of violating the Road Traffic Act

On June 22, 2016, at around 23:45, the Defendant driven a cub car in B under the influence of alcohol concentration of about 0.104% without obtaining a driver’s license from the front of the entrance of the vibration market located on the same side to the front road of the 119 Safety Center located on the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of alcohol, a report on the circumstances of the driving of the driver, a report on the situation of the driving of the driver, the driver's license ledger of the vehicle, and the current status of the

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15

1. Article 62 (1) of the Criminal Act (amended by Act No. 1137, Mar. 1, 201)

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