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(영문) 창원지방법원 2018.09.14 2018고단1865

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal History] Violation of the Road Traffic Act (Drinking in 201): A fine of KRW 1.5 million (drinking in 2012): A crime of KRW 4 million / [Attachment 1865] On July 1, 2018, the Defendant, without a driver’s license, driven an E rocketing car at a section of approximately 100 meters from July 4, 2018 to the front road of D elementary school located in the B commercial name adjacent to Kimhae-si, Kimhae-si, Seoul, while under the influence of alcohol level of KRW 0.079%.

2. The Defendant, on July 30, 2018, was indicted for a crime listed in paragraph 1 at the Changwon District Court on July 30, 2018, and driven an E rocketing car at approximately 2 km from the G Mart in the G Mart, located in Kimhae-siF on August 1, 2018 to the front day of the H apartment I at the same time without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of each drinking water;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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

1. Imprisonment with prison labor chosen;

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. The sentence of imprisonment with labor for a period of two years, when the sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to be mitigated for a small amount of punishment: The punishment of imprisonment with labor for a period of six months: The grounds for aggravating the amount of imprisonment with labor for a period of six months: A high degree of alcohol concentration (crime 2), a preceding case (crime 1) and a second case (crime 2), the harmful effects of driving without a license, etc.; a confession, a family member (age, two minor children), the sale of a vehicle, etc.;