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(영문) 창원지방법원 2018.05.25 2018고단330

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four 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 November 29, 2017, the Defendant driven a B Poter II cargo vehicle from approximately 500 meters to the front road of the office of Jin-gu, Jin-si, Jin-si, Jin-si, Kim Young-si, in a state of alcohol leveling to 0.082% of alcohol level during blood without a driver's license on November 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, the various conditions of sentencing, such as the circumstances after the crime of this case, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were comprehensively taken into account, and the sentence like the order was determined.