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(영문) 창원지방법원 진주지원 2015.09.09 2015고단609

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 1, 2007, the Defendant was sentenced to a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. on August 20, 2009 by the same court. On May 6, 2010, the same court was sentenced to a summary order of KRW 3 million for the same crime, etc. on May 6, 2010. On July 12, 201, the Defendant was sentenced to a fine of KRW 7 million for the same crime, etc. at the same court. On December 18, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for one year for the same crime, etc.

1. On April 15, 2015, at around 16:02, the Defendant driven C rocketing car under the influence of alcohol content of 0.149% without a car driver’s license, from the front of the birth bus terminal located at the growth of the Sinsan-gun, Chungcheongnam-gun, Busan-gun, to the front of the office of the king Gnsan-gun, which is located in the gold papers of the same military around 5km.

2. On May 20, 2015, at around 18:45, the Defendant driven the said rocketing car under the influence of alcohol content of 0.133% without a car driver’s license, from around the 200-meter section from the front of a restaurant of “sterogate” located in Busan-gun, Busan-gun, Busan-gun, to the front of the Gyeongnam-gun Police Station located in the same Eup at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the circumstances of each drinking driver, ledger of driver's licenses, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Violation of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as the "Violation of the Road Traffic Act" as of April 15, 2015) of the Road Traffic Act as of the same date. < Amended by Act No. 13203, May 20, 2015>