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(영문) 창원지방법원 2015.10.28 2015고단1634
도로교통법위반(무면허운전)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 May 22, 2015, at around 01:15, the Defendant driven a Poter truck with a blood alcohol concentration of at least 0.090% without obtaining a driver's license from the 1km section from the front of the restaurant to the front of the oil station in the Gusan-dong, which is not aware of the trade name in the 01:15 Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspects in violation of the Road Traffic Act, report on the state of the driver's state, report on the state of the driver's state, and inquiry into the results of the regulation of the 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) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had been sentenced to a fine on one occasion due to the violation of the Road Traffic Act (driving without a license) and was sentenced five times due to the violation of the Road Traffic Act (driving without a license), and the Defendant would drink the same kind of crime at work upon completion of his/her high work. However, such circumstance alone alone makes it difficult to deem that the instant crime is justified, which is disadvantageous to the Defendant.

However, the sentence identical to the order shall be imposed in consideration of the fact that the defendant has a depth of and reflects the mistake, that the defendant has no criminal record of the suspension of execution or more, and that the defendant has a criminal record of the suspension of execution or other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct of the defendant, motives

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