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(영문) 창원지방법원 마산지원 2015.12.09 2015고단906
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 July 18, 2011, the Defendant received a fine of KRW 2.5 million for a violation of the Road Traffic Act from the Changwon District Court's Mapo Branch's branch on July 18, 201, and on December 5, 2011, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Mapo Branch's branch on December 5, 201, and received a fine of KRW 3 million on at least two occasions.

Nevertheless, at around 23:40 on October 21, 2015, the Defendant, without obtaining a driver’s license, driven a B-learning car from the front side of the wholesale hall restaurant located in the Gyeongwon-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, to the intersection of the B-learning car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Records of judgment: Application of an inquiry report and investigation report (a copy of a summary order of the same kind of power) including criminal records, etc.;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Feb. 21, 201; Supreme Court Decision 201Da1448, Feb. 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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