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(영문) 창원지방법원 밀양지원 2016.11.24 2016고단416

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On September 13, 2007, the defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Non-licensed Driving) in the Changwon District Court's Smuggling on September 13, 2007. On October 20, 2015, the defendant was sentenced to a fine of four million won for the same crime in the same court.

On August 22, 2016, at around 20:23, the Defendant, without a driver’s license on car driving, driven Cradice Track, while under the influence of alcohol concentration of approximately 0.108% in a section of approximately 1 kilometer from the road before the traditional market, to the new legal third street.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' standing, report on the state of drinking drivers, and register of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. In light of the fact that the defendant's blood alcohol concentration ratio is high for the reason of sentencing selective sentencing of the sentence, and that the defendant was sentenced to two times prior to towing, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unlicensed Driving) and the crime of violating the Road Traffic Act (Unlicensed Driving), and the punishment of fines has been imposed several times due to drinking driving and unlicensed driving. Nevertheless, there is no data on the defendant's effort to acquire the driver's license, and it appears that the defendant was not trying to use the means of public transportation instead of driving a motor vehicle, a strict punishment against the defendant is required, and thus, a severe punishment is required.