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(영문) 창원지방법원 통영지원 2015.09.24 2015고단511
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 4, 2001, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving without a license) due to a violation of the Road Traffic Act (driving without a license), at the Changwon District Court’s branch on December 5, 2003, with a fine of KRW 1 million for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court’s branch on November 10, 2004. On June 20, 2005, the Defendant was sentenced to a fine of KRW 1.5 million with a fine of KRW 3 million for a violation of the Road Traffic Act (a fine of KRW 1 million) from the Changwon District Court’s branch on November 24, 2009, from the Changwon District Court’s branch on November 24, 2009 to a fine of KRW 3 million for a violation of the Road Traffic Act (a fine of KRW 1 million for a violation of the Road Traffic Act).

On March 8, 2015, the Defendant, without obtaining a driver’s license, driven the B Coindo-Ban rolling stock from approximately 2 km away from the front of the main place where it is impossible to identify the trade name in the Tong-young-dong while under the influence of alcohol by 0.101% of the blood alcohol concentration of 0.54, to the front of the “North Sin-dong” in the same city north-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act heavier than punishment and choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and the circumstances are as follows.

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