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(영문) 창원지방법원 통영지원 2015.06.18 2015고단237
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 12, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on December 12, 2008, and on May 22, 2014, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch court.

【Criminal Facts】

On February 10, 2015, the Defendant, without obtaining a driver’s license, driven a distance of about 20 kilometers from the front side of the Gandong Village located in the Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, in the influence of alcohol content of approximately 0.067%, at around 21:15.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (report accompanied by a summary order of the same kind of power), and application of Acts and subordinate statutes of each 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act heavier than punishment and choice of imprisonment);

1. Mitigation of discretionary work, Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that no other criminal record exists except for the second fine, and the fact that his/her mistake has been repented in depth and reflected, etc.);

1. Article 62 (1) of the Criminal Act;

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