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(영문) 창원지방법원 마산지원 2016.02.17 2015고단210

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Highest 210] On October 2, 2008, the Defendant was sentenced to a suspended sentence of two months for the following reasons: (a) on March 11, 2010, the Changwon District Court was sentenced to a suspended sentence of two years; and (b) on March 11, 2010, the Changwon District Court was sentenced to a fine of seven million won or more due to a violation of road traffic laws.

On August 1, 2012, the Defendant, without obtaining a driver’s license of around 08:00 on August 1, 2012, operated approximately 3 km B mp-II truck from the annual hospital near the Changwon-si, Changwon-si, Changwon-si, Changwon-si, to the road in front of the modern vehicle retail shop located in the same Hoho-dong.

[2015 Highest 354] On December 23, 2010, the Defendant driven a C-wing cargo vehicle with approximately 2 km from the window in the Changwon-si's window drive to the front side of the oil station in the same Dong, while under the influence of alcohol of 0.092% during blood without obtaining a driver's license for a motor vehicle on December 23, 2010.

Summary of Evidence

[2015 Highest 210]

1. A protocol concerning the examination of suspect of a defendant prepared by the police;

1. Written statements prepared by D;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. The driver's license ledger;

1. Records of judgment: References to inquiries, such as criminal history, investigation report (Attachment to the judgment, etc. on the same type of force);

1. A protocol concerning the examination of suspect of a defendant prepared by the police;

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

1. A report on the detection of a primary driver;

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

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense; Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of drinking) of the former Road Traffic Act; Articles 152 subparag. 1 and 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same) regarding the same offense; Articles 152 subparag. 1 and 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Articles 148-2 subparag. 1 and 44 of the former Road Traffic Act.