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(영문) 창원지방법원 2018.10.11 2018고단2209
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2010, the Defendant issued a summary order of KRW 1500,000 as a fine for a crime of violating the Road Traffic Act at the Changwon District Court on the same day, and KRW 1.5 million as a fine for the same crime at the same court on November 27, 2017, respectively.

On July 29, 2018, around 00:55, the Defendant driven a D-wing and freight vehicle without obtaining a driver's license in a section of about 3 km from the front of C in Kimhae-si, Kim Young-dong, Kimhae-dong, to the blind distance in front of the Kimhae-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected violation of traffic laws (driving and driving without a license) on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparagraph 1 subparagraph 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1228, Apr. 2, 2007) of the Criminal Act (see, 2008Da1233, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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