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(영문) 창원지방법원 2016.01.19 2015고단2982
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 26, 2009, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on December 29, 201, the same court received a summary order of KRW 5 million as a fine for the same crime.

around 16:00 on October 31, 2015, the Defendant driven a Bcller vehicle while under the influence of 0.142% without the driver’s license from around 5km section of around 0.142% on the roads adjacent to the Ccller Authority located in the Gangseo-gu Busan Metropolitan City, Busan, to the roads adjacent to the mountain industry located in the Yongsan-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (attached to the same criminal record and 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. 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 Decisions 201Do141, Apr. 1, 201

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

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