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(영문) 창원지방법원 2017.10.13 2017고단1537
도로교통법위반(음주운전)등
Text

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

Reasons

Criminal facts

On December 19, 2014, the Defendant was sentenced to one year and six months of imprisonment for a violation of road traffic law at the Changwon District Court on December 19, 201, and completed the execution of the sentence at Busan Correctional Institution on May 16, 2016.

[2017 Highest 1537] On May 4, 2017, the Defendant was under the influence of alcohol level of 0.104% in blood without a driver’s license on May 4, 2017, the Defendant driven a CCOMET 249c two-wheeled vehicle from the 14th parallel 13rd Dom 261, to the upper end of the upper end of the road at approximately 50 meters of COMT 249c.

[2017 Highest 17:08 on May 3, 2017, the Defendant, while taking a large amount of drinking alcohol, intended to enter the F'F's main points of operation of the D Victim E (26:08) from the window of Changwon-si, and recommended the victim to return home. However, the Defendant, on the ground that the victim did not comply with the request and reported to the police, she saw the victim's her head her head her head 3:4 times as drinking, her head her head her head her head her head her head her her head her head her head her her head her head her her head her head her her head her head her her head her head her her head her the victim g-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating drinking driving;

1. Inquiry into the partnership of the main office;

1. A medical certificate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (in the case of more severe injury than punishment) of the Aggravation of Concurrent Crimes.

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