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(영문) 창원지방법원 통영지원 2018.07.19 2018고단676
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On August 31, 2012, the Defendant issued a summary order of KRW 4.5 million to a fine of KRW 4.5 million for a violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on August 31, 2012. On January 24, 2013, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed driving). On May 30, 2014, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) at the same court on May 30, 2014. On November 10, 2017, the Defendant was sentenced to a suspended sentence of two years, protection surveillance, community service order, community service order, and the probation order becomes final and conclusive during the suspension period of execution as of January 18, 2017.

[Criminal facts] On April 20, 2018, the Defendant driven a C-Wing-Wing 0.134% alcohol level while under the influence of alcohol without obtaining a driver’s license from a section of about 80 meters from the front side of the Silcheon-si to the Silcheon-si, Dong-si, Dong-si, the Defendant driven a vehicle with low alcohol level of 0.134% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. On-site photographs;

1. The driver's license ledger;

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 (Attachment to previous judgments);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of quantity are to be sentenced to imprisonment with prison labor, taking into account the fact that the defendant had been punished several times for the same kind of crime, but he/she again drives the pertinent non-licensed drinking again during the period of suspension of execution due to the same crime.

In addition, it is necessary.

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