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(영문) 창원지방법원 2019.05.08 2019고단166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 3, 2019, at around 01:40, the Defendant driven a DNA-type car without obtaining a driver's license in approximately 1km section from the front of the Sok Park Kimhae-si to the front of C in the same city, and without driving a DNA-type car under the influence of alcohol concentration of about 0.090%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspects in violation of the Road Traffic Act, report on the circumstances of a drinking driver, notification of the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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, family relationship, Defendant’s blood alcohol concentration (0.09%) and the details and circumstances of the instant crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence of imprisonment on May 2018 due to driving without a license, etc., and was not aware of the fact that he had been sentenced to a suspended sentence of imprisonment.

In that it is a crime of drinking without a license, the responsibility for the crime is heavy.

A favorable circumstance: The defendant recognizes the crime of this case and does not repeat the same mistake in the future.

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