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(영문) 창원지방법원 2020.02.19 2019고단3664

도로교통법위반(음주운전)등

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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 October 5, 2019, at around 03:21, the Defendant driven BM5 automobiles under the influence of alcohol concentration of 0.137%, without a driver’s license, from the vicinity of the retaining wall in an influence of the Busan Northern-dong, Busan-do, to the Korea Highway Corporation located in Gangseo-gu 281, Busan-do, Busan-do, to the North Korean Highway Corporation located in the 281 North Korean Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, 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. 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, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.

The same criminal records are seven times.

However, in full view of the fact that the defendant recognized the crime of this case, the defendant's economic status, family relation, age, character and conduct, environment, motive, means and result of the crime of this case, and other factors of sentencing as shown in the trial of this case shall be determined as ordered by the court.