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(영문) 창원지방법원 2016.05.03 2015고단3465
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

Criminal facts

On November 8, 2010, the Defendant received a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act at the Busan District Court, and on December 10, 2015, a fine of six million won or more for a crime of violating the Road Traffic Act.

On December 15, 2015, at around 02:25, the Defendant driven a motor vehicle of Category B, without obtaining a driver's license, at approximately 10 meters section of the blood alcohol concentration of about 0.109%, from around 02:25 to around 15, 2015, from around 02:25 to the GS25 Kim Jong-si in the same Dong.

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order);

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

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

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