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(영문) 창원지방법원 마산지원 2018.06.22 2018고단500
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2010, the Defendant was issued a summary order of KRW 1.5 million in the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and KRW 7 million in the Changwon District Court on November 9, 2017 for the same crime, etc.

1. On April 19, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) from the road front of the Defendant’s house located in the Haan-gun, Haan-gun, Haan-gun on April 19, 2018 to the road front of the house of D in which the Defendant, located in the same Haan-gun, C, in the same Gun C, carried out the vehicle from approximately 4km to the road front of the house of D, and on April 19, 2018, on the same day, the 07:05 on April 19, 2018, in order to go back to the road in the same Gun, from the front of the house of the said D to the Eup, in order to go back to the front road of the house of the said D, and again, drive the Fpoter II truck without obtaining a driver’s license.

2. On April 19, 2018, the Defendant driven a Fpoter II cargo under the influence of alcohol concentration of about 0.267% without obtaining a driver’s license from the front of the D’s house where the Defendant, located in the village C of the Haban-gun, Haban-gun, Hallan-gun, in around 17:40 on April 19, 2018, in the direction of about 3km from the HKa Center located in G to the front of the HKa Center located in the same military.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

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 the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the circumstances of driving on the vehicle and the driver’s license register;

1. Previous convictions in judgment: Application of a written inquiry, text of judgment, and summary order, such as criminal history;

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)

1. Trade name;

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