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(영문) 창원지방법원 2018.03.14 2017고단3891
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

[criminal Records] Crimes of Violation of Road Traffic Act (Drinking in 2015): A fine of KRW 1 million (Drinking in 2015): A crime of Violation of Road Traffic Act (Drinking in 2015): A. 1. 3. The Defendant was under the influence of alcohol concentration of KRW 0.099% in blood, while under the influence of alcohol concentration of KRW 0.099% in blood, and around October 12, 2017, around 01:5, the Defendant was driving a freight of KRW 18 ton in the section of approximately 30 meters in the direction of a road of approximately 19 meters in 19 meters in the direction of a derosting in Kim-si, Jin-si, Kim-si around 5, 2017.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations twice, was driven in the state of drinking again.

2. In the instant case, the Defendant driven, without a driver’s license, B1 ton cargo in the section of approximately 1km from the front of the Korean bank located in the Jin-gu, Jin-si, Jin-si, Kim Jong-si on December 26, 2017 to the front of the new creative distance located in the new construction of the Jin-si, Jin-si, Jin-si, Jin-si, Kimhae-si, Kimhae-si on December 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (Punishment of Drinking, Imprisonment with prison labor), 152 subparagraph 1, and 43 (Unlicensed Driving and Fine) of the Road Traffic Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence imposed under Article 334 of the Criminal Procedure Act on the basis of the former sentence of imprisonment with prison labor for one year and six months: Imprisonment with prison labor for a year and suspension of execution, two years of participation, 40 hours in class and community service, and 3 million won increased by a fine: A person who repeats a crime (two crimes), a person who commits a short-term repeated crime, etc. during the period in which the preceding case is pending, and a person who commits a crime, etc. falls under confession, a person who has been sentenced to imprisonment without prison labor or heavier,

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