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(영문) 창원지방법원 밀양지원 2015.10.15 2015고단245

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 18, 2007, the defendant received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on May 23, 2007, and the above order became final and conclusive on May 23, 2007. On October 27, 2008, the above order was finalized on November 11, 2008 after receiving a summary order of a fine of 1 million won for a violation of the Road Traffic Act (non-exclusive license). On November 20, 2012, the above order became final and conclusive on November 29, 2012 after receiving a summary order of a fine of 4 million won for a violation of the Road Traffic Act (non-exclusive license) from the Changwon District Court branch on April 18, 2014 to a fine of 6 million won for a violation of the Road Traffic Act (non-exclusive license).

On March 30, 2015, at around 23:25, the Defendant driven CK7 car while under the influence of alcohol 0.124% alcohol concentration, without obtaining a driver’s license, at a distance of about 2 km from the adjacent roads of the CK7, to the front road of the CY-gu, CY-gu, CY-gu, CY-si, the alcohol concentration of which is about 0.124%.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Written statements of D;

1. Notification of the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the details of detection;

1. Registers of driver's licenses;

1. Each photograph;

1. A previous conviction: A statement of inquiry into criminal records, a statement made by a police officer and witness on the spot at the time of the investigation report (the confirmation of the same type of punishment records), and each statement made by him/her at the time of the investigation report, cannot be found specificly consistent and consistent, and the credibility of his/her statements is high, taking into account all the circumstances, such as the location of the crime of this case, the process of detection, and circumstances after the crime, which can be found in full view of each of the above evidence.

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