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(영문) 창원지방법원 2014.01.03 2013고단3181
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant, without obtaining a driver’s license at around 07:55, driven the B rocketing car at a section of about 1 km up to the front of bus stops adjacent to the bus stops at the window 98-17, Sungwon-si, Sungwon-si, Changwon-si, Seoul, without obtaining a driver’s license, with a blood alcohol content of 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2(1) of the Criminal Act has a record of being sentenced twice or more due to drinking without a license since 2002, and, in particular, in 2004, the court has been sentenced to a suspended sentence of four months due to the crime of driving without a license for drinking, etc., even though the court has been sentenced to a suspended sentence of two years due to the crime of driving without a license for drinking, and the defendant has repeatedly committed the same crime and repeatedly committed the same crime, but the defendant is in profoundly against his depth, and the eradication of the future driving without a license for drinking and the exemption of the act without a license is being carried out, the execution of imprisonment shall be suspended for a limited period of time.

It is so decided as per Disposition for the above reasons.

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