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(영문) 창원지방법원 2018.06.27 2018고단1003
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 December 18, 2017, at around 00:25, the Defendant driven B K7 cars while under the influence of alcohol level 0.058% while under the influence of alcohol level 0.058%, without obtaining a driver’s license in the section of about 500 meters from the roads near the trade name in French-si, Jin-si, Jin-si, Kim Jong-si to the roads in front of the 361-ro 361, as the Eup-Myeon Kim Jong-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver who is placed in the main place (report on the situation of the driver who is placed in the main place and report on the results of

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

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to punishment four times due to drinking alcohol driving in the past, but the Defendant is not obligated to commit the instant crime where drinking alcohol driving without a license.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

Other factors for sentencing, such as the defendant's age, sex behavior, alcohol concentration (0.058%) in blood, circumstances of the crime in this case, circumstances after the crime, etc., shall be determined as follows.

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