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(영문) 창원지방법원 거창지원 2015.06.17 2015고단83
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2015, at around 16:45, the Defendant, at the residence of the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without obtaining a motorcycle driver’s license from approximately 5 km section, to the same fluor Kim Chang-ri road in the same fluor Kim Chang-gun, and driving C Obaba not covered by mandatory insurance in the state of alcohol content of 0.157% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Investigation report (limited to the distance from driving without a license or drinking);

1. Application of Acts and subordinate statutes to the mandatory insurance policy and the ledger of driver's license;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act, heavier than the punishment);

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

1. The sentence of the same sentence is imposed in consideration of the following: (a) the defendant has a large number of criminal records for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the defendant reflects his/her criminal act; and (c) the defendant has no criminal records of suspended execution or more; and (d)

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