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(영문) 창원지방법원 2015.07.23 2015고단114
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 became final and conclusive.

Reasons

Criminal facts

On October 1, 2008, the Defendant received a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act from the Busan District Court's Branch Branch on October 1, 2008 and a summary order of 2 million won of a fine by the same court on August 28, 2001.

On November 2, 2014, at around 23:36, the Defendant driven a C Abdo-Wood car with approximately 0.158% alcohol concentration without a vehicle driver’s license from around 200 meters to around the “Yaland” road, which is in knowledge of the trade name in the Gando-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

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

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

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