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(영문) 창원지방법원 2017.08.31 2017고단1452

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2017, at around 00:40, the Defendant driven a B-learning car without obtaining a driver's license, while under the influence of alcohol leveling about about 300 meters from the hotel public parking lot in Quaker, Quaker, from the hotel public parking lot to the road in modern Oilk Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving and notification on the results of detection of drinking;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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 suspended execution;

1. Even though the defendant had the record of four times of punishment due to drinking driving, the case is not weak in light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the order to attend lectures again led to the instant crime.

However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.