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(영문) 창원지방법원 2018.03.14 2017고단4245

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal History] Violation of the Traffic Act (Drinking 2007): A fine of 1.5 million won for a violation of the Road Traffic Act (Drinking 2010): The case of a fine of 2 million won: violation of the Act on the Aggravated Punishment of Specific Crimes (Drinking Vehicle) by the Changwon District Court on June 17, 2014: The judgment of June 25, 2014 was finalized on June / 25, 2014 / criminal facts / The defendant was under the influence of alcohol level of 0.15% without a driver's license, while he was under the influence of alcohol level of 0.15% while driving a motor vehicle on the blood line, from the front side of 22,02,000,000,000 won to the front side of a motor vehicle at Changwon-si, Changwon District Court on June 17, 2014.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

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 sentence of imprisonment with prison labor for one year, when the sentencing of Articles 53 and 55 (1) 3 of the Criminal Act to be mitigated for a small amount: The punishment of imprisonment with prison labor for a period of six months: Confession of alcohol in high blood and the grounds for mitigation of punishment, such as accumulated records and accumulated records: Confession, dependants (two minor children, etc.);