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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1529

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On February 22, 2010, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating road traffic laws in the Changwon District Court through the Changwon District Court on February 22, 2010, and on August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime and for the same crime in the same court on August 11, 2016, and was sentenced to a suspended sentence of two years for the same crime

Criminal facts

On September 4, 2017, the Defendant, without a driver’s license, driven a CS-type car at approximately 500 meters from the front day of a restaurant where it is difficult to identify the trade name in the eropologic drawing at the time of pain to the road in front of the restaurant where it is impossible to identify the trade name in the eronomic drawing at the time of pain, without a driver’s license, on September 22, 2017.

As a result, the Defendant, who had a drinking driving force not less than twice, driven a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver driving a drinking, making inquiries about the results of crackdown on drinking driving, and making inquiries about the results of crackdown on drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Each investigation report and report on the results of investigation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the previous convictions of the disposition and report on the date of release);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of drinking for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act is repeated on several occasions. This case also is a crime committed during the suspension of the execution of imprisonment with prison labor due to driving under the influence of alcohol by the defendant.

The sentence shall be determined as per the order, because it is deemed that the sentence is inevitable in order to shoulder the warning of driving under the influence of alcohol.