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(영문) 창원지방법원마산지원 2020.10.13 2019고단1187
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 25, 2018, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act, etc. in the Changwon District Court Support on May 25, 2018, and was punished three times due to drinking driving.

On October 13, 2019, at around 17:15, the Defendant driven a c1 ton and loaded freight vehicle with 0.206% alcohol concentration of 0.206% under the influence of alcohol without a driver’s license, on the road located on the same side 3km, through the mountain tril road located on the same side through the same side of the mountain tril road.

Summary of Evidence

1. Previous convictions in the judgment of the ledger of driver's licenses (A) of the report on investigation into the circumstantial statement of a drinking driver (A) and the report on the results of the drinking driving control (A): Application of investigation reports (verification of the same kind of power), three copies of summary orders, and criminal record records, etc.-related statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Reasons for sentencing selecting a sentence of imprisonment with prison labor, which is prescribed in Articles 40 and 50 of the Criminal Act (a punishment imposed for a violation of the Road Traffic Act with heavier punishment)

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Three years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine of three times (2006, 2016, and 2018) due to drunk driving, and was engaged in drinking under a licenseless condition at the same time.

At the time of being punished in 2006 and 2018, it was also punished as non-licensed driving.

In the blood alcohol concentration of 0.206%, the state of exploitation is also serious.

Even if a person is punished for a drunk driving in the past, the blood alcohol concentration exceeds 0.1%.

Traffic accidents have also occurred while driving.

Even though it appears that the trial is being proceeded, it is eventually a trial by public notice, without attending the court even though it appears to be known.

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