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(영문) 창원지방법원 2015.05.28 2015고단528
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

Criminal facts

On January 10, 201, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on January 10, 201, and a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on May 2, 2014.

On January 16, 2015, at around 03:37, the Defendant driven a BTrac vehicle under the influence of alcohol concentration of about 500 meters without obtaining a driver’s license from a section of approximately 500 meters from the roads near the Dong-gu, Seowon-si, Sungwon-si to the roads in front of the Dong-dong elementary school located in Changwon-gu, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

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