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(영문) 창원지방법원 진주지원 2015.07.22 2015고단410

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2, 2007, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on August 2, 2007. On November 11, 2009, the Defendant was sentenced to a suspended sentence of KRW 10 million with imprisonment for the same crime, etc. at the Busan District Court of the same on October 4, 2009. On February 4, 2014, the Changwon District Court was sentenced to a suspended sentence of KRW 10 million with imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and the violation of the Road Traffic Act (driving Vehicle) and was released on September 30, 2014 during the execution of the sentence and the period of parole on October 25, 2014 passed

Although the Defendant had been punished for violating Article 44(1) of the Road Traffic Act two or more times as seen in the above criminal records, the Defendant driven B cab while under the influence of alcohol content 0.178% without a driver’s license from the front of the 150-meter section of the 150-meter section of the 19:20 on February 1, 2015, around the 19:20 on the side of the franchis in the franchising area of the franchis, which is located in the same side of the franchisa, around the same time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, written judgments, summary orders, number and confinement status of each individual;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant was sentenced to a fine not less than four times due to drinking or unlicensed driving, a suspended sentence for one occasion, and the defendant committed the instant crime even though he/she had the power of punishment for one occasion, and the defendant was sentenced to a punishment on February 4, 2014 due to drinking, unlicensed driving, etc. and the period of parole around October 25, 2014.