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(영문) 창원지방법원 진주지원 2012.09.21 2012고합94

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 23, 2008, the defendant stated a fine of KRW 2 million in the bill of indictment for the violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch on June 23, 2008, but correct ex officio because it is obvious that it is a clerical error.

On November 12, 2008, upon the issuance of a fine of KRW 2.5 million in the same court as the same offense, etc. on August 6, 2009, the same court was sentenced to a fine of KRW 2.5 million in prison for the same offense, etc. on August 4, 2011, upon the issuance of a fine of KRW 2.5 million in the same court due to the same offense, etc. on January 4, 201, the same court was sentenced to a fine of KRW 2.5 million in the same offense, etc. on October 26, 2011, and was sentenced to a fine of KRW 7 million in the current suspension period. On February 1, 2012, the same court was sentenced to a fine of KRW 1 million in the same offense, etc.

피고인은 2012. 4. 14. 23:00경 진주시 가좌동에 있는 상호불상의 주점 앞 도로에서부터 같은 동에 있는 캡틴당구장 앞 도로에 이르기까지 약 1km의 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.110%의 술에 취한 상태로 D 카렌스 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc., investigation reports (a written judgment and attachment of summary order) 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 (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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of criminal punishment twice or more due to drunk driving, and the probation period is currently being suspended due to drunk driving.