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(영문) 창원지방법원 2017.04.19 2017고단327
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal Records] Violation of Road Traffic Act (Drinking in 2012): Fine of three million won for a violation of Road Traffic Act (Drinking in 2015): The defendant / [criminal facts] The defendant / she was under the influence of alcohol level of 0.085% in blood, while under the influence of alcohol level of 0.085% in blood, and on January 21, 2017, the defendant / around 23:10 on the road in the same page from the front of the restaurant to the road in the same side of the “emulgrative” road in the same side.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The license register for automatic winding;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. Imprisonment with prison labor chosen;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing sentence of Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for a national defense counsel): Imprisonment with prison labor for one year: Imprisonment with prison labor for a period of suspension of execution / 2 years, community service work 120 hours increased: Grounds for mitigation, such as a history of identical punishment (the previous conviction and fine, one time before judgment), confession, etc.;

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