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(영문) 창원지방법원 2016.12.09 2016고단3018

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 31, 2016, at around 21:20, the Defendant driven a motor bicycle of approximately 500 meters in a section of approximately 0.123% blood alcohol concentration on the road in front of a mutually influorous restaurant located outside the city of Kimhae-si, to the front road of the Dobong-gu, Kimhae-si, Kimhae-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, 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 statutory driving for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act;

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

1. On June 20, 2014, the Defendant: (a) was sentenced to the suspension of the execution of imprisonment for six months at the Changwon District Court on June 20, 2014 for the crime of violation of the Road Traffic Act; (b) the judgment became final and conclusive on June 28, 2014; (c) the same criminal records are more than five times; (d) the Defendant committed the instant crime on July 15, 2016, which was under the suspension of the execution of the sentence; (b) the Defendant has been repeatedly repeated despite the fact that the blood alcohol concentration at the time of the instant drunk driving reaches the licensing level; (c) the Defendant did not take into account the circumstances that would have been considered in the circumstances in which the instant Defendant had been driving without a license; and (d) the Defendant’s repeated act of violation of traffic-related Acts and subordinate statutes requires imprisonment with prison labor for the Defendant, considering that it was inevitable to sentence the Defendant.

However, the fact that the defendant repents his wrong mistake in depth and reflects it, and that he did not cause a traffic accident due to the drinking driving in this case.