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(영문) 창원지방법원 2016.01.12 2015고단2783

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

Reasons

Criminal facts

On October 11, 2007, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, on January 18, 2008, a summary order of KRW 2,00,000 as a fine for the same crime from the Pyeongtaek District Court’s Pyeongtaek District Court’s ordinary site, and on August 28, 2015, a summary order was filed with the Changwon District Court for the same crime

On August 26, 2015, the Defendant driven CM5 car without a driver’s license, under the influence of alcohol concentration of approximately 0.177% from the 4km section of blood to the front of the GS25 convenience store located at approximately 186, GS25, which is an old movable in the Changwon-si, Changwon-si, Changwon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Inquiry into criminal history, summary orders, and application of the Acts and subordinate statutes in indictment;

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;