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(영문) 창원지방법원 거창지원 2018.10.02 2018고단176

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2018, the Defendant: (a) driven B cambage vehicles under the influence of alcohol concentration of about 0.127% in alcohol while under the influence of alcohol, without obtaining a driver’s license, from the direction of the human monthly market in the front of the human metropolitan city in the southnam-si, North Korean Peninsula-si; (b) on June 29, 2018, in the direction of about 10km, from the direction of the 10km-si, Gyeongnam-gun, Chungcheongnam-gun, North Korean Development-gun, to the front road.

2. On July 7, 2018, the Defendant was driving a B Poter vehicle without obtaining a driver’s license from the front side of the Gain Haak-gun, Gannam-gun, Gannam-gun, to the front side of the entrance of the grain village located in the same Eup/Myeon, located in the same Eup/Myeon Do, in a section of about 1km from the front side of the Gain farming village in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, notification of the results of crackdown on the driving of alcohol, investigation report (report on the situation of the driver who is placed in driving), report on the situation of driving in driving in each week, inquiry about the situation of driving without a license, application of Acts and subordinate statutes to the ledger of

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of each of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of traffic laws (driving without a license) as stated in the judgment of the court and the crimes of violation of traffic laws (driving without a license) as stated in the judgment of the court, and the punishment for a violation of traffic laws heavier than punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, on December 2017, was punished for a fine of KRW 3 million due to drinking, on the grounds of sentencing Article 62-2 of the Criminal Act, and the Defendant again driven under the influence of alcohol without a driver’s license.

In addition, the facts of the crime are stated.