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(영문) 창원지방법원 2015.11.05 2015고단2476
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 September 17, 2010, the Defendant received a summary order of fine of one million won for a crime of violation of the Road Traffic Act at the Busan District Court, and on April 18, 2014, a summary order of fine of five million won for the same crime was issued from the Changwon District Court's Msan Branch.

On August 29, 2015, at around 00:10, the Defendant driven a CNAS car in the state of alcohol alcohol concentration of about 2 km from the front of his personal hotel located in the central Dong of Sungwon-si, Sungwon-si to the front road of the Sindong located in the same Gu, without a vehicle driver’s license, at approximately 0.088% of the blood alcohol concentration of around 2km.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to summary orders);

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 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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