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(영문) 창원지방법원 2016.05.17 2016고단112
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 January 16, 2008, the Defendant received a summary order of KRW 700,000,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on April 24, 2013, a summary order of KRW 1.5 million was issued by the same court as the same crime.

On December 23, 2015, the Defendant driven B SP car under the influence of alcohol content of at least 0.064% while under the influence of alcohol without obtaining a driver’s license from around 00:58 to the front road of the Green Hospital located in the same Dong and Dong from around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

1. Article 148-2 subparag. 1 of the Road Traffic Act (Article 148-2 subparag. 2 subparag. 1 of the Act applicable to the indictment appears to be a clerical error in the context of Article 148-2 subparag. 1 of the Act), Article 44(1) of the Act on the Traffic of Roads (Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Article 148-2 subparag. 1 of the Act applicable to the indictment) concerning criminal facts

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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