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(영문) 창원지방법원 2017.07.27 2017고단850
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 May 9, 201, the Defendant issued a summary order of KRW 5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) in the Changwon District Court's Mapo Branch on May 9, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act (dacting driving) in the same court on April 12, 2013, and on April 15, 2016 by the same court on April 15, 2016.

On February 21, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on February 18:5, 2017, driven a motor vehicle with approximately 2 kilometer B km from the front of the FO restaurant to the north of the same Gun, while under the influence of alcohol of 0.063% in alcohol during blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

The application of the Act and subordinate statutes to investigation reports (a summary attachment of an order) by the defendant's legal statement of the driver's statement in the driver's report of the driver's license of the motor vehicle;

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Article 55 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 of the same Act does not apply to cases where the volume of alcohol is high, there

5. Article 62 (1) of the Criminal Act on the suspension of execution.

6. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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