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(영문) 창원지방법원 마산지원 2015.06.03 2015고단5
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 July 18, 2006, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on July 18, 2006. On March 2, 2007, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on March 2, 2007. On May 27, 2014, the Defendant received a fine of seven million won as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court on May 27, 2014.

On October 1, 2014, the Defendant, without obtaining a driver’s license at around 01:35, driven a 10-meter motor vehicle from the front of the Blue 2 apartment to the front of the “Hlue” in the same Ri, where the Defendant was under the influence of alcohol at 0.117%, while under the influence of alcohol at 0.17%.

Summary of Evidence

1. Court statement made by the defendant on the fifth public trial;

1. Written statement of enforcement officers;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each investigation report (the analysis of CCTV images for crime prevention and the analysis of CCTV screen images);

1. Records of judgment: Application of inquiry reports and investigation reports (attached to the previous and summary orders), such as criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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