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(영문) 창원지방법원 통영지원 2015.09.02 2015고단564
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 26, 2015, at around 02:45, the Defendant driven a vehicle from 200 meters away from May 26, 2015 to 02:50 on May 26, 2015, under the influence of alcohol level of approximately 0.156% in the section of 200 meters of alcohol level, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of crackdown on drinking driving;

1. Application of the ledger of driver's licenses and the statutes on disposition of driver's licenses cancellation;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, drinking and unlicensed driving, the details and distance of drinking and unlicensed driving, the records of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally considered and the sentence against the Defendant is set and the order of community service and lecture is added with reflect

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