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(영문) 창원지방법원 거창지원 2017.07.07 2017고단109
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2008, the Defendant is a person who has been sentenced to a suspended sentence of two or more months of imprisonment with prison labor for a crime of violating road traffic laws in the Seogwon District Court's branch on April 3, 2008, and two or more times of imprisonment with prison labor for a crime of violating road traffic laws in the Changwon District Court's branch on January 22, 2014.

On April 12, 2017, around 19:56, the Defendant driven a C Poter under the influence of alcohol leveling 0.131% in the blood alcohol level, without obtaining a driver’s license, on the front of the C Poter road in front of the C Poter, Chang-gu, Seoul Special Metropolitan City, the C Do, a long-term restaurant located in the C Do-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, investigation report, and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (a defendant is against his/her gender, a vehicle has been disposed of, and the same will not apply again;

(3) Other factors such as the fact that there is a family member to support;

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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