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(영문) 창원지방법원 2015.12.02 2015고단2552
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 27, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court on January 27, 201, and a fine of KRW 4 million for the same crime at the same court on May 15, 2014.

On July 28, 2015, at around 02:05, the Defendant driven an Oral Sea with no driver's license in approximately 2 km section of approximately 0.167% alcohol concentration, without obtaining a driver's license, from the Do near the Gayang-dong, Sungwon-si, Changwon-si to the 3rd side of the Hanyang apartment in the same south-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the report on the circumstantial statements of drinking drivers, and the report on the status of drinking driving;

1. Disqualifications of the main office;

1. Mandatory insurance policies;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), reports on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order;

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Act on the Guarantee of Automobile Accident Compensation: Article 46 (2) 2 and the main sentence of Article 8 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. Articles 37 and 38 of the Criminal Act aggravated concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the same as the facts stated in the judgment of the court, in addition to the fact that he/she was sentenced to a fine for a violation of the Road Traffic Act, as well as the fact that he/she was sentenced to a fine on December 29, 2014, the same court was sentenced to a fine of five million won due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the

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