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(영문) 창원지방법원 진주지원 2015.01.28 2014고단1082

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 4, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act from the Changwon District Court's Jinju branch on October 4, 201, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the same court on February 14, 2012.

피고인은 2014. 10. 4. 21:00경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.132%의 술에 취한 상태로 사천시 서동에 있는 ‘팡팡’ 가요

From the front of the bank to the front of the 300-meter radius in the same city-wide road around that time, C Mt Motor Vehicle was driven from around 300 meters to the front of the 300-meter radius.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the Defendant had been punished nine times (one time a suspended sentence of imprisonment, and eight times a fine) due to traffic accidents or driving without a license, the Defendant committed the instant crime; the Defendant driving the same vehicle without obtaining a driver’s license on July 5, 2014; and the Defendant committed the instant crime only for three months, even though the victim was injured by a traffic accident for two weeks, it is difficult to expect the Defendant to have the effect of preventing recidivism.