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(영문) 창원지방법원 마산지원 2015.04.29 2015고단215
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 January 9, 2015, the Defendant, without obtaining a driver’s license at around 22:20, driven a 100-meter c strawing car from the front of a restaurant where the trade name in the members of the Changwon Muwon-si cannot be known, to the front road of the member elementary school in the same Dong, while under the influence of alcohol level of 0.060%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., that the defendant is led to confession and reflect, that the defendant again does not drive under influence or drive without a license, and that the defendant does not fall under grounds for disqualification from suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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