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(영문) 창원지방법원 2017.11.07 2017고단2357

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

Punishment of the crime

On December 3, 2007, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act, and a fine of KRW 6 million from the same court on July 18, 2016 to a crime of violating the Road Traffic Act.

On May 18, 2017, the Defendant driven a Malaysia car under the influence of alcohol content of 0.102% without obtaining a driver’s license in approximately 1 km section from the front side of the bowling-si, Changwon-si to the front side of the hospital, which is located in the middle-dong of the same Gu, from the front side of the bowling-si.

Summary of Evidence

Application of the Acts and subordinate statutes to investigation reports on the circumstantial statement of the driver who was made by the defendant in the court, such as criminal history in the register of driver's license (to file for the same 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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;