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(영문) 창원지방법원 거창지원 2015.05.20 2015고단18
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 March 31, 2010, the Defendant issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act, etc. in the Changwon District Court's branch on March 31, 2010, and on February 25, 2011, from the same support, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act, etc., on at least two occasions, and has violated Article 44 (1) of the Road Traffic Act.

On January 15, 2015, the Defendant, without a driver’s license at around 15:45, driven C 49c stack in the state of alcohol 0.103% of blood alcohol content from the 1km section from the front of the Gohap-gun, Gyeongcheon-gun to the shock tower located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to the same type of power decisions, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Feb. 21, 201; Decision 201Da1548, Feb. 21, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions favorable to the defendant shall be repeatedly considered);

1. Social service order under Article 62-2 of the Criminal Act;

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