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(영문) 창원지방법원 2015.11.25 2015고단2368
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 December 1, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court on December 1, 2006, and a summary order of KRW 4 million as a fine in the same court on April 30, 201.

On August 18, 2015, at around 20:25, the Defendant driven a motor vehicle on the B Abcom with blood alcohol concentration of about 0.088%, without obtaining a driver’s license, from the front of the Switzerland cafeteria located in the Seocho-gu, Changwon-si, Changwon-si to the front road of the 468 knife in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer, the report on the entry into the employer, and the notification of the completion of correction;

1. Registers of disqualified meetings and driver's licenses of the main office;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (a) Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant was sentenced to a fine for a violation of the Road Traffic Act, as stated in the judgment of the court; and (b) the Defendant was punished for a violation of the Road Traffic Act due to a drunk driving once more; and (c) the Defendant again committed the same kind of crime even though he had the record of being sentenced to a fine for a violation of the Road Traffic Act (unlicensed Driving) once, which

However, the defendant repents his wrong mistake in depth and reflects it, and the amount of blood alcohol concentration at the time of the drinking driving of this case shall be suspended.

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