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(영문) 창원지방법원 거창지원 2016.01.06 2015고단294

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 29, 2009, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law (dacting driving) at the Changwon District Court's Chang-gu branch.

In addition, on June 17, 2015, the defendant was sentenced to 6 months of imprisonment or 2 years of suspended execution due to a violation of road traffic law in the Changwon District Court's branch of Changwon District Court on June 17, 2015, and the judgment became final and conclusive on June 25, 2015, and is currently under suspended execution.

[2] Although Defendant 1 had been punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven C&T 100 Orala, which did not have a motor device bicycle license at approximately approximately 200 meters from the 3-distance direction in Chang-gun, Chang-gun, Chang-gun, Seoul, to the frontway in the same Ri, on October 6, 2015, without obtaining a motor device bicycle license from around 200 meters from the 200-meter direction in the same Ri, while driving a motor vehicle under the influence of alcohol content 0.257% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act, and a punishment heavier than punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the same Act (the same shall apply to the aggravation of concurrent crimes resulting from a violation of Road Traffic Act, the punishment of which is heavier, as provided for in Article 50 of the same Act;