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(영문) 창원지방법원 2018.01.23 2016고단3917

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 12, 2013, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving), etc. at the Daejeon District Court on September 12, 2013. On July 20, 2015, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) and violated Article 44(1) of the Road Traffic Act twice.

[2] On November 14, 2016, the Defendant: (a) driven a car under the influence of alcohol content of 0.104% without obtaining a driver’s license in approximately 100 meters away from the front of an influent restaurant located in the mouth of the Gowon-si, Changwon-si to the front of the apartment; and (b) driven a car under the influence of alcohol content of 0.104%.

Summary of Evidence

The application of Acts and subordinate statutes of a summary order to inquire about the defendant, such as the history of crime in the register of driver's license report on the circumstance of the driver in the police interrogation protocol

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;