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(영문) 창원지방법원 진주지원 2015.01.15 2014고단1055
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 November 9, 2014, at around 23:10, the Defendant driven a B rocketing car with a blood alcohol content of about 0.118% under the influence of alcohol without a driver’s license, from around the front of the Yongsan-gu Chocheon-gu Chocheon-si Steering Office, which is located in the Sacheon-si, Sacheon-si, to the death ginseng distance located in the Sacheon-si, Sacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant has been punished several times for the same kind of crime, disregarding the signal of suspension during the enforcement process, and escape.

Although there are unfavorable circumstances, such as arrest, etc., the execution of imprisonment shall be suspended in consideration of the following conditions: (a) the probation and community service order shall be added to prevent recidivism, on the other hand, the defendant's disposal of the vehicle, favorable circumstances, such as the fact that he/she is under the time of and against his/her own crime; (b) he/she is going not to drive a licensed driver in the future; and (c) the age, family relationship, and circumstances after the crime, etc. of the defendant; and (d)

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