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(영문) 창원지방법원 2018.03.22 2018고단155

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 4, 2009, the Defendant was sentenced to a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seocheon Branch of the Gwangju District Court, and was sentenced to a fine of KRW 4 million on April 28, 201 by the same court, and completed the execution of the sentence at the original prison on January 24, 2017. On August 24, 2017, the Defendant was sentenced to a summary order of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Seocheon Branch Branch Branch, and was sentenced to a fine of KRW 6 million on December 21, 2017.

On November 28, 2017, at around 03:09, the Defendant driven an Irocketing car with alcohol content of 0.171% under the influence of alcohol without obtaining a driver’s license from the front Switzerland parking lot located in 18, a 50 Gam-ro, Kimhae-si to the front road of the parking lot, at approximately two meters.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (the identity of the suspect and the confirmation of the case continuously) Acts and subordinate statutes;

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)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows: the age, sex, environment, motive for the crime.