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(영문) 창원지방법원 통영지원 2018.04.26 2018고단205
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 22, 2017, the Defendant: (a) on December 22, 2017, on violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (divated driving) on the road; (b) around 00:50 on December 22, 2017, the Defendant driven a Cing-con-car on the part of approximately 200 meters from the road front of the non-fluent folklore station in Suwon-gu transfer-dong to the water viewing road located in the same Dong, without obtaining a driver’s license.

2. On December 26, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) around December 26, 2017, without obtaining a driver’s license on December 13:15, 2017, the Defendant driven a Cring vehicle in the section of about 3km from the front day of the Kowon-won Co., Ltd., which is in the actual height of Pyeongtaek-si to the front day of the Korean comprehensive construction section located in 65 at the same hour, to the front day of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the results of regulating drinking driving, report on the circumstances of driving a drinking, report on the circumstances before driving a driver without any license, and inquiry about the results of regulating driving a drinking driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs of unauthorized Driving Vehicles;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, is likely to be criticized for the crime of this case, in that the defendant again committed the crime of this case even though he/she had been punished several times

However, it is hard to say that the defendant does not repeat the crime, such as the time of the crime and the reflection of the defendant, the employment of the driver after the crime, etc., and the company operated by the defendant.

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