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(영문) 창원지방법원 2017.07.13 2017고단526
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 January 13, 2014, the Defendant was issued a summary order of KRW 3,50,000 as a fine for a violation of road traffic law at the Changwon District Court's Changwon District Court's smuggling on October 23, 2015, and a fine of KRW 3,50,000 as a fine for a violation of road traffic law.

On January 24, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a vehicle with approximately one kilometer B rocketing B string in front of a large apartment located in the fluor of the window of Changwon-si, Changwon-si, Kimhae-si, with a level of alcohol content of 0.051% in alcohol during blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

Application of Acts and subordinate statutes to criminal investigation reports by the defendant's legal statement of the driver's oral statement made by the defendant, such as criminal records in the license ledger (attached to the same type of previous conviction and summary order)

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Article 55 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 of the same Act does not apply to cases where the volume of alcohol is high, there

5. Article 62 (1) of the Criminal Act on the suspension of execution.

6. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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