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(영문) 창원지방법원 2017.08.24 2017고단1927
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 14, 2008, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on July 14, 2008, and a summary order of KRW 3 million for a fine of the same crime, etc. at the same court on February 16, 2010, respectively. On April 29, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

On June 4, 2017, the Defendant, while under the influence of alcohol 0.106% during blood transfusion around 01:37, driven a motor vehicle from around 200 meters away from the 1200-1 Do in front of the Green Hospital, Kimhae-si, without obtaining a driver’s license, to the road in front of the Green Hospital located in the same city.

Summary of Evidence

The application of the Acts and subordinate statutes of the defendant's statutory statement of the driver's oral statement by the defendant, such as criminal history in the ledger of driver's license of the motor vehicle;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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