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(영문) 창원지방법원 밀양지원 2017.08.17 2016고단726

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

Reasons

Punishment of the crime

On November 17, 2016, at around 23:40, the Defendant driven two gallon to C gallon without a driver’s license, without a driver’s license, a vehicle under the influence of alcohol in a section of about 300 meters from the gallon restaurant parking lot located in Jin-gu, Jin-si, Kim Young-si to the roads near the State of Jeju located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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 suspended execution;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., among the probation period for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following factors: