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(영문) 창원지방법원 2018.07.11 2018고단840
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, without a driver’s license, driven a DM7 car at a section of about 3 meters in the Seongbuk-gu Seoul Special Metropolitan City, Changwon-si, on March 4, 2018, while under the influence of alcohol level of 0.277%, and driving DM7 car at around 11:10 on March 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

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

1. The sentence of sentence of one year and six months under Article 62-2 of the Criminal Act (in a case where sentencing guidelines are not set): Imprisonment with prison labor for a year and six months: One year of suspended sentence; two years of suspension of execution; 40 hours in a case and grounds for aggravation of 80 hours in a case where an order to attend a lecture or a order to provide community service is imposed: A confession, etc.;

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