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(영문) 창원지방법원 2016.09.28 2016고단1975

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on 23, 2016, the Defendant driven a B rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.169% from a section of about 3km from the front of the jum cafeteria cafeteria, which is located in the same air-conditioning system, to the front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

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

1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "aggravated Punishment Act") lies in the fact that the defendant has been issued a summary order of KRW 7 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. Despite the revocation of the license for the above case, it is not good that he has driven under the influence of alcohol without a license.

However, in light of the favorable reasons for sentencing, such as the fact that the defendant reflects his mistake, that the defendant has no history of being punished by a suspended sentence or more, that the defendant must support his wife and her young children, and that other conditions for sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., shall be sentenced to the same punishment as the order.