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(영문) 창원지방법원 2015.04.28 2014고단3475
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 March 17, 2008, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Changwon District Court to a fine for the same crime on September 26, 2012.

On October 25, 2014, at around 23:46, the Defendant driven a car with 1 km B EXE from the 187 front-dong, Songpa-gu, Seoul to the 225-4 front-way road, while under the influence of alcohol with 0.130% alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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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