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(영문) 창원지방법원 통영지원 2020.07.28 2020고단491

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 21, 2007, the Defendant was notified of a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act, etc. at the Changwon District Court’s Tongwon District Court’s branch on February 21, 2007, and on March 6, 2019, the Defendant was notified of a summary order of KRW 1.5 million for a violation of the Road Traffic Act.

Although the Defendant had a record of violating the prohibition on drinking alcohol driving as above, the Defendant driven Fwing-III Cargo Vehicles, while under the influence of alcohol of about 0.107%, without obtaining a driver’s license, at a section of about 500 meters from the front of “C” in “E” in “E” in “Y” in “Y” in “Y” in “Y” in “Ye Young-si” to the front of “E” in “E” in “E” in “Y Young-si.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

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

1. The punishment as per the order shall be determined, taking into consideration the reasons for sentencing under Articles 40 and 50 (Punishment prescribed for a crime of violation of the Road Traffic Act which is heavier than the punishment) of the Criminal Act, the circumstances leading to the drinking and non-licensed driving of the instant case, the circumstances leading to drinking and non-licensed driving at the time, the amount of drinking alcohol at the time, the criminal punishment records due to the previous crime of the accused,