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(영문) 창원지방법원 2016.03.18 2015고단3219
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 10, 2007, the Defendant was sentenced to a fine of five million won in the same court on March 26, 2009 due to a violation of road traffic laws (drinking) at the Changwon District Court on May 10, 2007.

On November 3, 2015, at around 01:03, the Defendant driven a vehicle B in the state of alcohol level of 0.050% under the influence of alcohol level of the blood alcohol level of 0.050%, without obtaining a driver’s license from the front of a mutually influent restaurant at the Han-si, Kimhae-si, G, Kimhae-si, to the front of a marina Park in the 5km-si, Kimhae-si.

On December 12, 2015, the Defendant, around 20:15, 2015, driven a Bco-owned truck without obtaining a driver’s license from around approximately 100 meters from the road front of the Han-gu, Kimhae-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-do, the Han-gu, the Han-do, the Han-gu, the Han-gu, the Do

Summary of Evidence

"2015 Highest 3219"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers engaged in driving, reports on detection of drivers engaged in driving, and inquiries about the results of crackdown on drinking;

1. The driver's license ledger (A);

1. Previous convictions: References to inquiries, such as criminal history, (A), investigation reports (Attachment to the same type of judgment), 2016 order 42;

1. Statement by the defendant in court;

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

1. Driving under the relevant legal provisions on criminal facts: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i.e., a violation of the Road Traffic Act by November 3, 2015, and punishment for a violation of the Road Traffic Act due to a heavy drinking driving);

1. Selection of imprisonment with prison labor chosen;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection observation;

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