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(영문) 창원지방법원 마산지원 2013.09.17 2013고단274
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 March 31, 2013, the Defendant, without obtaining a driver's license at around 19:40 on March 31, 2013, driven C rocketing car at the restaurant parking lot at the Gohap cafeteria which is located in both villages of the Changwon-si in the Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes to the ledger of driver's licenses, disqualified meetings of the main office, and details of revocation 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been punished three times for drunk driving and five times for unlicensed driving, again committed each of the crimes of this case, and the blood alcohol concentration level is high, and its contents are not good. However, the defendant did not have any record of punishment heavier than the fine, and his mistake is remarkably divided, and other sentencing conditions as shown in the records are considered, such as the defendant's age, character and behavior, character and environment.

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