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(영문) 창원지방법원 밀양지원 2015.01.15 2013고단371
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to a fine of 1.5 million won on August 2, 200 to a fine of 1.5 million won on the grounds of the violation of the Road Traffic Act (driving without a license) at the Changwon District Court on January 13, 2003 to a fine of 7 million won on the grounds of the violation of the Road Traffic Act (driving without a license) at the Busan District Court on October 21, 2005, a fine of 2 million won on the grounds of the violation of the Road Traffic Act (driving without a license) at the Changwon District Court on October 21, 2005, a fine of 3 million won on March 31, 2006 to a fine of 3 million won by the same court on September 18, 2007; a fine of 1.5 million won on the grounds of the violation of the Road Traffic Act (driving without a license) at the Changwon District Court on September 25, 2009.

On June 28, 2013, at around 00:50, the Defendant driven B Ethp car under the influence of alcohol 0.184%, without obtaining a driver’s license, at a section of about 2 km from the front side of the Ptotopy Ptorya, which is located in the Geyang-dong, to the front side of the Sejong Hospital located in the Syang-sidong in the Syang-si.

As a result, the Defendant violated the regulations on prohibition of driving in driving in driving at least twice and drives a car without a driver's license in a drunken state in violation of the regulations on prohibition of driving in driving in driving.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. The register of driver's licenses, and a registration statement on the vehicle;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power), statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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