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(영문) 창원지방법원 밀양지원 2018.05.03 2018고단129
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 history] The Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Changwon District Court's Seongbuk Branch on February 25, 2016. On July 14, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on July 22, 2016, and was sentenced to two years for a suspended sentence of six months for the same crime, and the said judgment became final and conclusive on July 22, 2016, and was in violation of the prohibition of drinking regulations at least twice during the

[2] On December 22, 2017, the Defendant driven B vehicles under the influence of alcohol content of 0.071% without obtaining a vehicle driver’s license in approximately 700 meters section from the front of the packing cafeteria cafeteria in the name of the city, Gyeong-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, and Gan-gun, Gan-gun (hereinafter “Wan-gun”), without obtaining a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 11 No. 5 of the evidence list);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that it is a crime during the period of probation for the same kind of crime for which punishment is imposed under Article 53 and Article 55(1)3 of the Criminal Act, and that there are several penalties for the same crime, a sentence of imprisonment is inevitable.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the circumstances following the crime.

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