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(영문) 창원지방법원 진주지원 2020.02.12 2019고단1715
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 December 11, 2019, at around 14:03, the Defendant, without a motorcycle driver's license, driven an unregistered forest bar code 125c Madioboba, under the influence of alcohol level of about 0.158% in the 1km section from the Do adjacent to the Hanam-gun B to the front of C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service and order to attend a lecture: The reason for sentencing under Article 62-2 of the Criminal Act was high in blood alcohol level.

However, crimes are recognized.

Other vehicle, place of driving, etc. shall be considered.

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