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(영문) 창원지방법원 2015.09.01 2015고단1483
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 March 18, 2005, 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 (driving). On September 25, 2006, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (Free Driver’s License) at the Seoul Central District Court on September 25, 2006, and a summary order of KRW 2.5 million to a fine at the Changwon District Court on April 12, 2010.

On June 5, 2015, at around 22:30, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.192% without a car driver’s license from the parking lot of “Sejin Tin Park,” located in the outside of Kimhae-si, to the first apartment of the Republic of Korea located in the same Dong from around 150 meters to the roads of the first apartment of the Republic of Korea.

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 statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);

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

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