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(영문) 창원지방법원 2016.01.12 2015고단2961
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 11, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act from the Gwangju District Court, and on March 22, 2013, a summary order of KRW 5 million as a fine for the same crime from the Changwon District Court's Msan Branch.

On October 3, 2015, the Defendant, while under the influence of alcohol with 0.072% of alcohol during blood without obtaining a driver’s license on October 13:5, 2015, driven a B rocketing car within approximately four kilometers from the road located in Gangseo-gu Busan Metropolitan City Green City to the front road of the entrance of the mountain industry located in the Changwon-si in the Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;

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