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(영문) 창원지방법원 2016.01.13 2015고단561
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 14, 2011, the Defendant issued a summary order of KRW 2,50,00,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court on November 6, 201. On November 6, 2013, the same court was sentenced to six months of imprisonment and two years of suspended execution, and the judgment became final and conclusive on the 14th of the same month. On March 10, 2014, the Defendant was issued a summary order of KRW 6 million for the same crime, etc.

On January 26, 2015, while under the influence of alcohol content of 0.087% in blood without a vehicle driver’s license, the Defendant driven C-Scar car on the road from the front Do to the front road of the “new light church” located in the same Eup/Myeon located in the Changwon-si, Changwon-si, Seoul, to the front road of the “new light church” located in the same Eup/Myeon located in the same Eup/Myeon.

On June 13, 2015, the Defendant, around 09:35, 2015, driven a C-Scar car without obtaining a driver’s license from around about 20km section from around 20km to the front road of the Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City.

Summary of Evidence

"2015 Highest 561"

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol. The notification of the completion of correction, the statement of the situation of the driver under the influence of alcohol, the measurement of the driver under the influence of alcohol and the report of the situation of the

1. Report on the circumstances of operating without licenses, and inquiry into the main office;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation reports (Attachment to the same criminal record, judgment, etc.);

1. Statement by the defendant in court;

1. Inquiry into the association of the main office and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving under the relevant legal provisions on criminal facts: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act (the point of violation of each Act on Traffic of Roads, January 26, 2015) for the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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