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(영문) 창원지방법원 통영지원 2015.07.02 2015고단413
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 July 11, 201, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Mapo Branch, etc. On November 18, 201, the Defendant issued an electronic summary order of KRW 2 million for a crime of violating the Road Traffic Act (Free Driver’s License) at the Changwon District Court’s branch branch on November 18, 201, and on April 17, 2015, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (Free Driver’s License).

【Criminal Facts】

At around 22:41 on October 16, 2014, the Defendant, without obtaining a driver’s license, driven a Bschton car owned by the Defendant’s wife at a section of approximately approximately 100 meters from the front of the “refluent flag” located in the luminous death drawings at common time to the front of the “refluent flag” located in the same Ri, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and Acts and subordinate statutes (former records and binding of summary orders);

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the mistake of one's own person is pened and reflected, and the fact that it is a crime before the final and conclusive judgment);

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

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