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(영문) 창원지방법원 밀양지원 2015.11.05 2015고단215
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 June 1, 2010, the Defendant was issued a summary order of 1,500,000 won of a fine for a violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on June 1, 2010, and on November 22, 2013, the Defendant was issued a summary order of 1,50,000 won of a fine for the same crime.

On May 12, 2015, at around 20:50, the Defendant, without a driver’s license, driven a B-car under the influence of alcohol in a section of approximately 700 meters from the front day of the Jinyang-dong Pungdong High School to the front day of the same Han-dong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the circumstances of drinking drivers, the report on the assessment of blood alcohol and the register of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of drinking records twice);

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;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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