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(영문) 창원지방법원 2017.09.15 2017고단849

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On January 26, 2015, the Defendant was sentenced to a summary order of a fine of seven million won due to a violation of road traffic law (driving), etc. at the Changwon District Court on July 28, 2015, and completed the execution of the sentence at the Changwon Prison on January 26, 2016, upon being sentenced to a fine of six million won by the same court for the same crime, etc. at the Changwon District Court on July 28, 2015. On August 4, 2016, the Defendant was sentenced to imprisonment for a violation of road traffic law (unlicensed driving) and completed the execution of the sentence at the Changwon District Court on February 1, 2017.

On March 13, 2017, the Defendant, while under the influence of alcohol by 00:10% during blood transfusion, driven a car with C low-speed car in the section of about 500 meters in front of the roads of Changwonwonnam apartment at the Chang-si, Sung-si, Sungwon-si, Busan, in a state of alcohol by 0.052%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

"2017 Highest 2551"

1. On May 13, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle around 15:20 on May 13, 2017, driven a motor vehicle with a volume of approximately 500 meters high from the street of poppy to the distance of sexual police station located in the same Gu and Dong in the same Gu.

2. On July 4, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on July 4, 2017, driving a motor vehicle with approximately 50 meters high typ typized car at the same Dong-dong located in Gangseo-gu, Busan.

Summary of Evidence

1. Previous convictions in judgment: Inquiry about criminal history and investigation reports (recognating repeated crimes and confirmation of the same records) "2017 Highest 849";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place of business, and report of the circumstances of the driver at the main place of business "2017 Highest 2551";

1. Statement by the defendant in court;

1. Report on the operating situation without a license and the arrest of the person for whom indictment is suspended;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 of the same Act concerning facts constituting an offense.