beta
(영문) 창원지방법원 진주지원 2019.07.12 2019고단587

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 2, 2007, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act, etc. at the Southern District Court's Southern Branch, and on November 11, 2009, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Busan District Court's Busan District Court. On February 4, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch's branch, and on July 22, 2015, the Defendant completed the execution of the sentence at the Jinju Prison's branch on July 21, 2016. < Amended by Act No. 13373, Jul. 21, 2016>

1. On September 23, 2018, the Defendant, without obtaining a driver’s license at around 10:30 on September 23, 2018, drive the said cargo vehicle under the influence of alcohol level of about 15km from the Do in front of the Hanam-gun Village B to the front road of the Mayang-si Village B to the Mayang-si Village. Then, around 12:25 on the same day, the Defendant driven the said cargo vehicle under the influence of alcohol level of about 0.240% from the 1km section of approximately 1km to the front road of the Songyang-si City Village C in the same 20km-dong-si City.

2. The Defendant, on May 18, 2019, driven a H high-speed cargo vehicle under the influence of alcohol content of about 0.135% at a section of about 500 meters from the Do in front of the Fju point in Hanam-dong, Hanam-gun, without obtaining a driver’s license at around 20:10 on May 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation on drinking driving, each report on the circumstantial statement of a drinking driver, each investigation report, and photographs of the control site;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports, investigation reports (suspect's drinking alcohol, criminal records without a license), investigation reports (written judgments of the same kind as a suspect A, and personal confinement status);

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime (the point of driving without a license) and the Gu; and