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(영문) 창원지방법원 2015.06.16 2015고단799
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 January 19, 2007, the defendant was issued a summary order of two million won or more due to a violation of the Road Traffic Act by the Changwon District Court, and on June 19, 2007, the defendant was issued a summary order of four million won or more due to a violation of the Road Traffic Act.

On March 12, 2015, at around 02:10, the Defendant driven BMW car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.058% from a section of approximately 300 meters to the road in front of the cafeteria, Seowon-si, Seowon-si, Seowon-si, Seowon-si, Seoul, to the road in the Sinwon-si, Seowon-si, Seowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary order, etc.);

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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

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