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(영문) 창원지방법원 2015.11.05 2015고단2428
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 May 16, 201, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 5 million from the same court on June 5, 201, and a summary order of KRW 5 million from the Changwon District Court on May 29, 201 to a fine of KRW 7 million from the same crime.

On September 3, 2015, at around 02:40, the Defendant driven a B-hurged vehicle with a blood alcohol content of 0.180% under the influence of alcohol without obtaining a driver’s license from around 400 meters to the parking lot for the same Eup located in the Venek-gu, Jin-si, Jin-gu, Jin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

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

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