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(영문) 창원지방법원 통영지원 2015.06.11 2015고단397
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On Nov. 5, 2001, the defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court through the Changwon District Court on Feb. 8, 2002, a fine of KRW 1.5 million for a violation of the Road Traffic Act (free license), and a fine of KRW 1.5 million for a violation of the Road Traffic Act (free license), and the same court on Feb. 10, 203 issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act. On Mar. 25, 2004, the defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (free license) at the same court on Mar. 12, 2007; on Feb. 13, 2007, the defendant was sentenced to a probation order of KRW 1.00,000 for a violation of the Road Traffic Act (on Feb. 14, 2007).

【Criminal Facts】

On April 4, 2015, at around 20:17, the Defendant, without obtaining a driver’s license, driven a car owned by the Defendant from approximately 400 meters away from the front of the mutually unclaimed restaurant located in the Docheon-dong at the Docheon-si to the front of the west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before and after judgments: Application of criminal records, inquiry reports, each criminal investigation report (referring to previous records of the same type, binding of judgments and summary orders, binding of repeated offenses, binding of rulings and confirmation at the expiration of term of punishment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than the punishment and the choice of imprisonment) shall be imposed;

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