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(영문) 창원지방법원 2018.06.07 2018고단914

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2007, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Busan District Court, and on August 11, 2014, the Defendant was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on August 11, 201, and on September 14, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Changwon District Court on September 22, 2017, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

1. On November 28, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a F rocketing car at the section of approximately 2.5 km from the front day of the apartment apartment in Kimhae-si without a driver’s license to the front day of the apartment in the same city C, via the middle class trading company in the same city of Kimhae-si without a driver’s license.

2. On November 29, 2017, the Defendant was under the influence of alcohol at around 00:50 on the blood without a driver’s license for a vehicle, driving a F rocketing car at a level of about 500 meters from the front day of Kim Sea D to the front day of G located in the same Dong, while under the influence of alcohol at a level of about 0.078%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating the Traffic Act on the road and the report on internal investigation (the situation of driving, etc.);

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: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking records not less than twice);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.