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(영문) 창원지방법원 2015.11.05 2015고단2482
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

Criminal facts

On November 3, 2006, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act. On February 2, 2015, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On September 14, 2015, at around 01:50, the Defendant driven B car under the influence of alcohol concentration of 0.14% without obtaining a driver’s license from the 10km section from the road located in Jin-si, Kimhae-si, Kimhae-si to the Hanju-si, one of which is located in the Hanhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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