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(영문) 창원지방법원 2017.03.28 2016고단3871
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2014, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Changwon District Court on March 27, 201, and on May 17, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the same court on May 17, 2016, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, and on the 25th of the same month.

On November 15, 2016, around 23:55, the Defendant driven B QM5 car under the influence of alcohol content of 0.070% in alcohol while under the influence of alcohol without obtaining a driver’s license from around 300 meters in a section of about 300 meters from the Gu's 40 Maart-ro, Jin-si, Changwon-si, Seoul, to the end of the Yongsan-gu in the same Gu.

Summary of Evidence

Application of the Act and subordinate statutes to investigation reports on the circumstances of drivers who make a legal 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;

4. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are divided and reflected by the Defendant, but the Defendant has been punished for driving under drinking and driving without obtaining a license, and the Defendant has committed the instant crime again during the suspension period of execution due to driving without a license, and the Defendant has committed the instant crime again during the suspension period of execution, and the conditions for various sentencing specified in the records and arguments of this case shall be determined as ordered by the order.

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