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(영문) 창원지방법원 2018.01.09 2017고단3835

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

From around 03:00 on August 30, 2017, the Defendant: (a) from around 03:00 to around 1km in the Jeju Island located in the Jeju Island in the Kim Sea-si to the roads front of the CU convenience store located in the Kimhae-dong in the Kimhae-dong without the driver’s license; (b) from around 05:06 on the same day to the roads front of the said CU convenience store, the Defendant driven the said CU car while under the influence of alcohol concentration of about 0.232% in blood alcohol concentration without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigation report (verification of driving without a license, date and time of driving under drinking, etc.);

1. Notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 1 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. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;