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(영문) 창원지방법원 2017.05.10 2017고단293

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 October 11, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 3 million due to a violation of road traffic laws (drinking), and on May 30, 201, by the same court, on May 30, 201, a fine of KRW 3 million due to a violation of road traffic laws (drinking).

On January 4, 2017, around 02:45, the Defendant driven a motor vehicle without obtaining a driver's license in the state of alcohol 0.122% of alcohol concentration in blood from approximately 200 meters from the front of the Jinhae Hospital in the Dondong-ro 32-ro, Jinwon-si, Jinwon-si, Seoul Metropolitan City, to the front of the said 11-way road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Around 16:20 on March 10, 2017, the Defendant driven a rash car without obtaining a driver’s license from around about 1km from the front of the parking lot of Seongdong-gu, Sungwon-gu, Sungwon-si, Sungwon-si to the front road of the same Sungsan-dong.

Summary of Evidence

"2017 Highest 293"

1. Statement by the defendant in court;

1. Statement made to C;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A report on investigation (on the driving distance);

1. Previous convictions in judgment: References to inquiries, such as criminal history (A), investigation reports (Attachment to judgment) (2017 order 906)

1. Statement by the defendant in court;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment specified for a crime committed on January 4, 2017 by a person who violates the Traffic Act of the Republic of Korea, a violation of the Traffic Act of the Republic of Korea, a violation of the Traffic Act of the said person, a violation of the traffic Act of the said person, or a violation of the traffic Act of the said person, and a punishment imposed on

1. Selection of each sentence of imprisonment;

1. The aggravated criminal law of light law.