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(영문) 창원지방법원 진주지원 2016.02.03 2015고단1137
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

On October 30, 2015, around 15:15, the Defendant driven C Poter cargo without a driver’s license at approximately 2km section from the road near the Gisung-gun, Busan-gun, Gyeongnam-gun, to the road south of the same Myeon from around 15:15 to the road south of the same Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating drinking driving, notification of the results of regulating drinking driving, the circumstantial report on the driver of drinking, and the application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the Defendant for the reason of sentencing under Article 62-2 of the Social Service and Criminal Act committed the instant crime in spite of the fact that he/she had been punished twice due to the crime related to drinking driving, and that he/she committed the instant crime in spite of the fact that he/she had been punished five times due to driving without license,

However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his/her crime, the fact that the defendant's drinking and non-licenseed force of the defendant has passed for more than five years, and the fact that the defendant has no record of punishing the defendant, etc., the fact that there is no record of punishing the defendant, etc., the defendant shall be considered as favorable to the defendant, and the punishment shall be determined as ordered by taking into account the various sentencing conditions

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