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(영문) 창원지방법원 2016.12.22 2016고단3406
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 11, 2013, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on September 23, 2014.

On September 11, 2016, the Defendant, without obtaining a driver’s license at around 07:30 on September 11, 2016, driven a vehicle B with low alcohol in the section of about 300 meters from the eland in front of the eland in the Changwon-si, Sungwon-si to the road front of the Bank of Korea in the same area, while under the influence of alcohol by 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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