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(영문) 창원지방법원 진주지원 2015.07.23 2015고단506

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 6, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on the same day, and on December 7, 2011, the same court was sentenced to a fine of one hundred and five million won for a violation of the Road Traffic Act (recovering to take a noise level). On December 27, 2012, the same court was issued a summary order of a fine of five million won for a violation of the Road Traffic Act (recovering to drive), and on May 14, 2013, a person who had been punished for a violation of Article 44 (1) of the Road Traffic Act (recover to the suspension of the sentence of six months) at the same court on the same day (recover to the suspension of the sentence of six months) on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

On August 20, 2014, at around 20:30, the Defendant driven a C-car under the influence of alcohol content of 0.150% without obtaining a driver’s license in approximately 6km section from the date of a vinyl house located in the Jinju-si, Jindo to the front day of the dry field wing-si, which is located in the same Simsan-ri, Geumsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drinking drivers, reports on the results of crackdown on drinking driving, and circumstantial statements of drinking drivers;

1. The register of driver's licenses for tea and cars;

1. Control note;

1. Previous records: Criminal history records, inquiry reports (A), investigation reports (verification of the records of the same kind of suspect and reporting on the attachment of the relevant judgments), copies of the records of the same kind of records, written judgments, and application of each summary order-related statute;

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 Articles 53 and 55(1)3 of the Criminal Act is that the Defendant committed the instant crime without being aware of the fact that he/she had been punished several times due to drinking and driving without a license, in light of the fact that he/she committed the instant crime, even though he/she had a record of punishment due to drinking and driving without a license.