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(영문) 창원지방법원 2016.11.10 2016고단3031
도로교통법위반(음주운전)등
Text

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 April 14, 2008, the Defendant was sentenced to a fine of one million won by the Changwon District Court for a violation of the Road Traffic Act, a fine of two million won by the same court on June 10, 2013, and a fine of seven million won by the same court on July 7, 2014 as a violation of the Road Traffic Act.

On August 25, 2016, the Defendant, without obtaining a driver’s license at around 02:15, driven a Maz car at a section of about 500 meters from the day from the day in the Han-dong apartment located in Kimhae-si, Kimhae-si, to the day in front of the Gobusc household in the same Dong, while under the influence of alcohol by 0.143%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);

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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