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(영문) 창원지방법원 2015.06.04 2015고단291
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

Criminal facts

On August 21, 2007, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act (driving) from the Changwon District Court (Seoul District Court) on the charge of violation of the Road Traffic Act, and the summary order of a fine of four million won or more for the same crime from the Changwon District Court on September 26, 2014.

On December 18, 2014, the Defendant, without obtaining a driver’s license on December 22 and 16, 2014, driven B Atop car on the road located in approximately 200 meters away from apartment parking lots to the front of the Western Park, where a person who is in a profit-making in the Jin-gu, Jin-si, Kim-si under the influence of alcohol concentration of 0.145%.

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 statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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