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(영문) 창원지방법원 통영지원 2018.12.12 2018고단1116
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

On August 25, 2018, the Defendant: (a) was under the influence of alcohol level 0.157% while under the influence of alcohol level 0.157% in the blood, without obtaining a driver’s license from the front to the front road of about 400 meters from the front to the front road of the west-ro 640, the west-ro, west-ro, west-ro, west-do, west-si, west-si, west-si, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (on-site investigation report);

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. The reasons for sentencing under Article 62-2 of the Criminal Act such as protection and observation, community service, and order to attend a lecture are as follows: (a) the defendant has served seven times as a prison term or a fine for the same drinking driving or non-licensed driving; (b) the defendant has served as a prison term of imprisonment or a fine; (c) the suspension of the execution of imprisonment or a fine for the crime of violating the Road Traffic Act nine times due to the other acts of violating the Road Traffic Act; (d) the purchase of a motor vehicle and driving of the motor vehicle under his/her name although he/she did not obtain the driver's license; (e) the amount of alcohol concentration in blood is relatively high; and (e) the defendant's age, sexual behavior, environment, motive and background of the crime; and

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