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(영문) 창원지방법원 마산지원 2017.10.17 2017고단847
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On August 27, 2017, the Defendant driven a B-hand car with alcohol content of at least 0.140% 0.140% while under the influence of alcohol without a vehicle driver's license, from approximately 7 km to the eth high-speed road where the previous development was from the border around the village of the Sin-si to the same Gu on the roads around the village of the Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case was committed even though there was a record of two times of punishment for the same crime.

The favorable circumstances: The crime of this case is against the law.

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