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(영문) 창원지방법원 2019.07.10 2019고단819

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 7, 2019, at around 00:40, the Defendant driven a F A8-car without obtaining a driver's license from approximately 300 meters of blood alcohol concentration to 0.095% of blood alcohol level from the front of C Bank located in Kimhae-si B to the front of E in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 (a) of the relevant Act on Criminal facts;

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

1. On the grounds of sentencing selected as imprisonment with prison labor, the sentence shall be determined as ordered in full view of the Defendant’s age, character and conduct, Defendant’s blood alcohol concentration (0.095%) and the details and circumstances of the instant crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The Defendant had a record of being punished twice due to drunk driving, four times without a license (in 2008, the Defendant had a record of being punished by imprisonment with prison labor in 2008). The Defendant committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence for traffic accidents in 2018.

In that it is a drinking driving without a license, the responsibility for the crime is more serious.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

Since 2008, there is no details of punishment for driving without a license or driving without drinking.