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(영문) 창원지방법원 2013.05.16 2012고단3293
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 16:55 on November 20, 2010, the Defendant, “2012 Highest 3293,” driven CM5 vehicle from the front of a restaurant in which it is impossible to identify the trade name of the leisure unit in the Chang Sea-si, Changwon-si, in the state of alcohol concentration 0.071% under the influence of blood alcohol without a driver’s license, to the front of the 1km road in the Chang Sea-gu, Changwon-si, Changwon-si.

around 04:55 on May 16, 201, the Defendant driven the 700m color car from the front apartment road of Changwon-si to the front road of the same Gu, while under the influence of alcohol by 0.138% of the blood alcohol concentration without a driver’s license on May 16, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of each host driver;

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

1. Subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) concerning the facts constituting an offense under the relevant Act, and subparagraph 1 of Article 152 and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 committed the instant crime without being aware of the fact that he/she committed the instant crime of driving without obtaining permission, even though he/she had been punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.

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