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(영문) 창원지방법원 마산지원 2015.07.15 2015고단473
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 October 15, 2012, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Support on October 15, 2012. On August 12, 2013, the Defendant received a fine of KRW 6 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Support on August 12, 2013.

On May 5, 2015, the Defendant, without obtaining a driver's license at around 20:20, driven a 50km BM3 car from the 763rd road to the front road of the intersection road located on the coast of SM3, in the shape of 0.182% of blood alcohol level, while under the influence of alcohol at the 0.182% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (with regard to circumstances of control)

1. Registers of driver's licenses;

1. Records of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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 Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1448, Apr. 2, 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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