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(영문) 창원지방법원 진주지원 2018.11.02 2018고단1117

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 July 16, 2009, the Defendant received a summary order of KRW 3,50,000 from the Ulsan District Court to a fine of KRW 3,50,000 due to a violation of the Road Traffic Act (driving). On December 21, 2016, the same court issued a summary order of KRW 4 million for the same offense, and on June 1, 2018, a summary order of KRW 8 million for the same offense from the Jungyang Branch District Court to the same offense.

1. On June 21, 2018, at around 15:50, the Defendant driven a motor vehicle with low alcohol level of about 40km from the section of about 40km to the point where it is located at the seat of the Daejeon-si in the Do of Chungcheongnam-si in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the point where it is located at the seat of 60km-si, Chungcheongnam-si, Chungcheongnam-si, Daejeon-si, Daejeon-si, without obtaining a driver’s license.

2. The Defendant: (a) was controlled by drinking or unlicensed driving as above; and (b) was driving the said car to the Defendant’s accommodation, the police officer, at around 20:57 on the same day, driven the said car without obtaining a driver’s license, in the 20km section of approximately 0.271% alcohol concentration in the blood alcohol content from the 20km to the Daejeon Highway from the Do in front of the mutual influence-dong, Chungcheongnam-do at the time of Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, to the Daejeon Highway-do from around 86 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of regulating driving of alcohol;

1. Statement report on the situation of the driver at each driving school and investigation report thereon (the situation of the driver at each driving school);

1. A statement of control records of C and D;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (reports on previous convictions of the disposition and results of confirmation of the same history);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment of any punishment provided for in the crimes of violating the Traffic Act of a road with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;