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(영문) 창원지방법원 마산지원 2015.08.26 2015고단563
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 January 20, 2014, the Defendant received a fine of KRW 4 million from the Changwon District Court for a violation of the Road Traffic Act (Crimes around December 6, 2013) (Crimes around December 6, 2013), and on May 30, 2014, the Defendant received a fine of KRW 7 million due to a violation of the Road Traffic Act (Crimes around March 29, 2014) from the Changwon District Court (Crimes around March 29, 2014), and has the same criminal power.

On June 6, 2015, the Defendant, without obtaining a driver’s license at around 01:20, driven a car with approximately KRW 700 meters from the front day of the cata department in Changwon-si, Changwon-si, the same-sex-dong of Changwon-si, to the front day of the cata department in Changwon-si, Changwon-si, the Defendant driven a car with approximately 00 meters of alcohol level at around 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (Attachment to judgment) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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