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(영문) 창원지방법원 마산지원 2015.11.11 2015고단832
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 February 1, 2010, the Defendant received a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on November 19, 2014. On November 19, 2014, the Defendant received a fine of KRW 4 million for a violation of the Road Traffic Act (driving). On October 2, 2015, the Defendant received a fine of KRW 7 million for a violation of the Road Traffic Act (driving) from the Changwon District Court's Minsan branch on October 2, 2015.

Nevertheless, at around 04:40 on October 6, 2015, the Defendant driven a vehicle with approximately 100 meters of 100 meters from the front of the convenience store in which the trade name in front of the Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, Hamban-dong Industrial Complex cannot be identified without obtaining a driver’s license, while under the influence of alcohol 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of enforcement officers;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

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

1. On-site photographs;

1. Records of judgment: Inquiry reports, such as criminal records, pre-dispositions, reports on results of confirmation, and application of statutes on judgment;

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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