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(영문) 창원지방법원 통영지원 2018.12.12 2018고단728

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 728] On August 31, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking) at the Busan District Court, and on May 30, 2008, to a suspended sentence of 2 years for the same crime at the Changwon District Court.

On June 14, 2018, the Defendant driven a F K7 car under the influence of alcohol content of about 0.139% in blood from the 700-meter section from the road near C in Sast City B to the front road in D.

[2018 Highest 1171] On August 31, 2006, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking) at the Busan District Court, and on May 30, 2008, to a fine of 2.5 million won due to the same crime, etc. at the Changwon District Court on May 30, 2008, respectively.

[2] On August 7, 2018, the Defendant driven a FK7 vehicle under the influence of alcohol with a maximum of about 50 meters alcohol concentration of 0.134% in blood without a vehicle driver’s license from the front of the G shooting distance in the north-gu G at Port, Mapo-si to the front road of the same Gu H building.

As a result, the Defendant once again driven a motor vehicle without a driver's license with a person who has violated the prohibition of drinking at least twice.

Summary of Evidence

[2018 Highest 728]

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report (report on the circumstances of the driver who is placed in driving), notifying the results of regulating the driving of drinking, making a report on the circumstances of the driver who is placed in driving

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of a previous conviction in the same case) (the second conviction in the second sentence 1171);

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same type of crime, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and the Road Traffic Act.