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(영문) 창원지방법원 통영지원 2018.11.22 2018고단1174
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to two years of probation on November 11, 2017 in the Changwon District Court through the Changwon District Court on November 3, 2017 due to a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on November 11, 2017, and is currently under probation, and there was a total of five times of punishment for the same crime, such as receiving a summary order of a fine of 2.5 million won from the same court on January 2, 2009.

[Criminal facts]

1. On September 2, 2018, the Defendant: (a) driven a motor vehicle with low alcohol content of 0.154% in alcohol while under the influence of alcohol without obtaining a motor vehicle driver’s license from the front of the road in C, which is located on September 2, 2018, at around 1km in D apartment at the same time, from September 2, 2018 to the front of D apartment.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant, as a person holding a vehicle with low price E, operated the vehicle without mandatory insurance at the time and place specified in paragraph 1.

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. The driver's license ledger;

1. Making teas;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of the facts during the period of suspension of execution and reporting of the same previous convictions and attachment of judgments);

1. Article 148-2 (1) 1, Article 44 (1), subparagraphs 1 and 43 of Article 152, Article 46 (2) 2, and the main sentence of Article 8 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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