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(영문) 창원지방법원 마산지원 2018.05.29 2018고단321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On February 15, 2008, the Defendant was sentenced to four months by imprisonment for a violation of road traffic laws at the Changwon District Court on February 15, 2008, and on September 2, 2014, issued a summary order of KRW 4 million for the same crime, etc. in the Changwon District Court Msan Branch.

On March 13, 2018, the Defendant driven B-be under the influence of alcohol content of about 0.183% in alcohol while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters in front of a mutual influent restaurant located in the Jinpo-si, Changwon-si, Changwon-si, Jinpo-si to the front road in the same Myeongdong-ri.

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 obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Register of Automobile Driver's Licenses (Cancellation) -A

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant had the history of having already been subject to the penal punishment four times due to a violation of the Road Traffic Act (driving without a license), among which, in particular, the Defendant was driving a truck under the influence of alcohol level of 0.09% during blood, while driving the truck under the influence of alcohol level of 0.09% during blood in 2006, and causing the victim to cut off knee on the left side of his/her port, and accordingly, the Defendant was in violation of the Road Traffic Act (driving without a license) in 2008.

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