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(영문) 창원지방법원 2017.12.07 2017고단3738
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

[criminal history] On October 22, 2014, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on April 12, 2016, in the same court, a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving).

[2] On September 17, 2017, at around 22:00, the Defendant driven a B-hurbh-p-p-p-p-p-p-h-h-n-n-n-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

The application of the Act and subordinate statutes to criminal investigation reports (verification of the same criminal records as the suspect), such as criminal history in the register of driver's licenses of the defendant's oral statement by the defendant

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (including the fact that there is no criminal conviction or heavier than a suspended sentence, and that there is a penance, etc.);

5. Article 62 (1) of the Criminal Act on the suspension of execution.

6. An order to attend a course under Article 62-2 of the Criminal Act;

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